MOHAMMAD HANIF BIN ADENAN v 1. ) LEMBAGA TATATERTIB POLIS DIRAJA MALAYSIA BUKIT AMAN 2. ) Kerajaan Malaysia

wa-25-358-11-2023 High Court (Mahkamah Tinggi) 30 November 2025 • WA-25-358-11/2023 • 13 min read
4 cases cited (0 SG, 4 foreign)

Catchwords

Dismissal from police force-Applicant issued show cause in respect of 2 charges-representations made-before making decision, the 1st Respondent as Disciplinary Board revoked the show cause and issued a another show cause comprising 6 charges-Applicant made representations-1st Respondent found Applicant failed to exculpate himself-imposed punishment of dismissal for 2 charges-the decision is tainted with procedural impropriety as the 1st Respondent ought to considered the representations in respect of 1st show cause instead of revoking-whether the Public Officers (Conduct and Discipline) Regulations 1993 allows for revocation of show cause-whether the punishment imposed is disproportionate to the disciplinary offence-whether there is a duty to give reasons when informing the Applicant of the decision to dismiss him

Practice Areas

Dismissal from police force-Applicant issued show cause in respect of 2 charges-representations made-before making decision, the 1st Respondent as Disciplinary Board revoked the show cause and issued a another show cause comprising 6 charges-Applicant made representations-1st Respondent found Applicant failed to exculpate himself-imposed punishment of dismissal for 2 charges-the decision is tainted with procedural impropriety as the 1st Respondent ought to considered the representations in respect of 1st show cause instead of revoking-whether the Public Officers (Conduct and Discipline) Regulations 1993 allows for revocation of show cause-whether the punishment imposed is disproportionate to the disciplinary offence-whether there is a duty to give reasons when informing the Applicant of the decision to dismiss him

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (3)

Razila Rashid & Partners Firm Ng Wee Li Counsel Respondent Razila binti Rashid Counsel Applicant

Parties (3)

Kerajaan Malaysia Respondent LEMBAGA TATATERTIB POLIS DIRAJA MALAYSIA BUKIT AMAN Respondent Mohammad Hanif bin Adenan Applicant

Case Significance

MOHAMMAD HANIF BIN ADENAN v 1. ) LEMBAGA TATATERTIB POLIS DIRAJA MALAYSIA BUK... is a High Court (Mahkamah Tinggi) decision dated November 30, 2025 (citation: wa-25-358-11-2023). <p>A police corporal challenged his dismissal from the Royal Malaysia Police, arising from an extortion complaint where the complainant subsequently withdrew his report and the case was classified as 'No Further Action'. The key issues were whether the Disciplinary Board could revoke the 1st show cause letter and issue a 2nd one with more charges, whether the punishment was disproportionate, and whether there was a duty to give reasons for the dismissal decision. The court found no procedural im The case was decided by Alice Loke Yee Ching. Counsel appearing: Ng Wee Li (counsel for respondent), Razila binti Rashid (counsel for applicant).

Summary

A police corporal challenged his dismissal from the Royal Malaysia Police, arising from an extortion complaint where the complainant subsequently withdrew his report and the case was classified as 'No Further Action'. The key issues were whether the Disciplinary Board could revoke the 1st show cause letter and issue a 2nd one with more charges, whether the punishment was disproportionate, and whether there was a duty to give reasons for the dismissal decision. The court found no procedural impropriety in revoking the show cause letter and dismissed the judicial review application with costs of RM3,000.

What was the outcome of MOHAMMAD HANIF BIN ADENAN v 1. ) LEMBAGA TATATERTIB POLIS DIRAJA MALAYSIA BUK...?

<p>A police corporal challenged his dismissal from the Royal Malaysia Police, arising from an extortion complaint where the complainant subsequently w...

Statutes Cited

Federal Constitution
Penal Code (Cap 574)
Rules of Court 2012

Cases Cited (4)

MY (4)
[1997] 2 MLJ 361 [1998] 1 MLJ 153 [2012] 3 MLJ 149 [2025] 3 MLJ 842