28 Aug 2020

High Court allows Judicial Review application of Teacher who was unlawfully dismissed by the Education Ministry.

The Taiping High Court allowed our Judicial Review application against the Government of Malaysia. This was in respect of a Teacher who was unlawfully dismissed by the Education Ministry in 2019.

I had submitted that the Education Ministry, had ridden roughshod over the Applicant in failing to use the Education Service Disciplinary Board Regulations 1994 to granting the Applicant the right to be heard and in view of his medical condition there should have been an Inquiry convened to address this issue. Further, he was denied his right to Appeal the decision of Board to the Disciplinary Appeal Board.

The Honourable Justice, Tuan Muniandy A/L Kannyappan in delivering his Judgement held that the manner in which the Applicant was dismissed went against the Rules of Natural Justice where the Applicant was denied his right to be heard and further denied his right to an Appeal was illegal and irrational which amounted to procedural impropriety.He further ordered that the Applicant be reinstated without loss of income with all benefits, emoluments, bonuses from the date of his dismissal.

For further information, please read the accompanying PDF document

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