A former administrative assistant with the Petaling land office won his appeal to be reinstated, with the Court of Appeal ruled that his dismissal by the Selangor Public Service Commission was tainted by procedural impropriety and a breach of natural justice.
A three-member bench chaired by Justice Ruzima Ghazali said the same disciplinary board chairman and members who decided to dismiss Hisham Jalaluddin had also sat on the appeals board, thereby violating the fundamental principle of impartiality.
“There is procedural impropriety because the composition of the disciplinary appeals board is the same as the disciplinary board. On this ground alone, the appeal is allowed,” said Ruzima.
Following the court’s decision, Hisham will be reinstated to his former position as an administrative assistant.
Ruzima, who sat with Justices Firuz Jaffril and Ong Chee Kwan, ordered that Hisham be paid arrears of salary and emoluments, subject only to a deduction for 16 days of absence.
Hisham had filed a judicial review over his sacking, but the Shah Alam High Court last year dismissed his application to quash the disciplinary board’s decision made on April 6, 2021, and the disciplinary appeal board’s verdict dated Aug 30, 2021.
He had named the chairman of the Selangor Public Service Commission, the chairman of the disciplinary board, the chairman of the disciplinary appeals board, and the Selangor government as respondents.
The commission chairman had issued a show cause letter to Hisham over his absence from work.
Hisham, who joined the Selangor public service in 2007, was attached to the land office at the time of the alleged misconduct.
In 2020, during the movement control order, he faced multiple disciplinary charges for alleged absenteeism, tardiness, and failure to record attendance.
He was subsequently dismissed from service after the Selangor State Public Service Commission’s disciplinary board found him guilty of the charges.
His appeal to the disciplinary appeals board was dismissed by a panel consisting of the same individuals who had sat on the disciplinary board earlier.
Lawyer Ebrina Zubir appeared for Hisham, while assistant state legal advisers Hani Aziza Ismail and Mary Phoon acted for the respondents.
