Rokiah binti Mhd Noor v 1. ) Menteri Perdagangan Dalam Negeri, Koperasi dan Kepenggunaan Malaysia 2. ) Suruhanjaya Syarikat Malaysia 3. ) Kementerian PDNKP Malaysia 4. ) Kerajaan Malaysia

rs-01f-23-07-2016w Federal Court (Mahkamah Persekutuan) 11 March 2018 • RS 01(f)-23-07/2016(W)

Catchwords

Administrative Law — Judicial review proceedings — Review of process — Whether DC comply with the procedure set out in the Regulations set out in Part V of the 2nd Schedule to Act 605 — DC found the Appellant guilty and made the recommendation to the Minister to revoke the appointment of the Appellant as deputy CEO and to dismiss the Appellant — Whether Minister, when revoking the fixed term appointment made by him, can concurrently terminate the employment of the Appellant as an employee or officer of the 2nd Respondent — Was the Minister empowered to dismiss the Appellant from service in the 2nd Respondent, which the Minister purported to do by his letter dated 28.11.2012? — Minister had no actual or delegated power to dismiss the Appellant — Companies Commission of Malaysia Act 2001 (Act 614), section 11(4) ; Statutory Bodies (Discipline and Surcharge) Act 2000 [Act 605], section 6; Disciplinary Rules 2000, Part II, Second Schedule, Regulations 32 to 39 Employment — Members of the public services and all employees of statutory bodies and local authorities — Appellant was charged for tarnishing the name and image of the 2nd respondent and/or irresponsible behavior — Whether decision was perverse, irrational and also contrary to law — Whether Minister, when revoking the fixed term appointment made by him, can concurrently terminate the employment of the Appellant as an employee or officer of the 2nd Respondent — Federal Constitution, Article 132; Statutory Bodies (Discipline and Surcharge) Act 2000 [Act 605], section 6; Disciplinary Rules 2000, Part II, Second Schedule, Regulation 3(2)(d) or (g); Statutory and Local Authorities Pensions Act 1980; Whistle-blower Protection Act 2010, section 10(3)

Practice Areas

Administrative Law Constitutional Law

Judges (5)

Ahmad bin Haji Maarop Coram Jeffrey Tan Kok Wha Coram Panglima Richard Malanjum Delivered Wira Aziah binti Ali Coram Zaharah binti Ibrahim Coram

Parties (5)

Kementerian PDNKP Malaysia Respondent Kerajaan Malaysia Respondent Menteri Perdagangan Dalam Negeri, Koperasi dan Kepenggunaan Malaysia Respondent Suruhanjaya Syarikat Malaysia Respondent Rokiah binti Mhd Noor Appellant

Judgment

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Source: eJudgment (rs-01f-23-07-2016w)