Man wins final appeal to be reinstated as probationary inspector
Procedural fairness requires that reasons must be given or failing which a breach of natural justice may occur.
PUTRAJAYA: The Federal Court has ordered the government to reinstate a man to his position as probationary inspector after he was terminated from service four years ago.
A three-member bench chaired by Tengku Maimun Tuan Mat said there was merit in Melvindar Singh’s appeal based on the factual matrix of the case.
She said there was non-compliance with Regulation 29(2) and (4) read together with the Third Schedule of the Police Officers Regulations 2012.
Tengku Maimun said there was also non-compliance with Regulations 51 and 52 which rendered the termination bad in law.
“No reason for termination was given and the court is unable to determine whether it had basis or otherwise,” she said in a ruling made at the end of online proceedings.
The top judge said procedural fairness requires that reasons must be given or else it may amount to a breach of natural justice.
“We allow the appeal and set aside the Court of Appeal order. We reinstate the High Court ruling and order salary and benefits from the date of the termination to be paid to the appellant,” she said.
The bench, which included judges Nallini Pathmanathan and Mary Lim, also ordered the government to pay Melvindar RM50,000 in costs.
Melvindar, 37, was appointed to the position on Jan 30, 2013. In 2016, his tenure was extended for another two years.
However, on Feb 14, 2018, he was asked to show cause why his services should not be terminated. He replied to the Police Force Commission.
He subsequently received a letter stating he had been terminated from the force, effective May 31, 2018.
Melvindar then filed a judicial review application naming the police, the commission and the home ministry as respondents.
He asked for the termination notice to be quashed and for an order to be reinstated as trainee inspector.
The High Court granted the remedies sought in 2020 but the Court of Appeal last year allowed the government’s appeal.
Melvindar turned to the Federal Court and posed a legal question as to whether the appointing authority had a duty to give reasons for non-confirmation in service of an officer under probation.
Lawyer M Manoharan said Melvindar will now have to report for duty.
Assisting Manoharan were Faid Narendran, Ivan Ang and Lily Chua, while senior federal counsel Ahmad Hanir Hambaly and Mazlifah Ayob represented the government.
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