Lembaga Tatatertib Polis Diraja Malaysia & Ors v Mohd Aiman Bin Balpaki & Ors

Appellant(s):

• Lembaga Tatatertib Polis Diraja Malaysia
• Ketua Polis Negara
• Kerajaan Malaysia

Respondent(s): Mohd Idzuddin Bin Mazli

• YAA Datuk Hajah Azizah binti Haji Nawawi
• YA Dato' Azizul Azmi Bin Adnan
• YA Dato' Azmi Bin Ariffin

• Three members of the Royal Malaysia Police (PDRM) were subjected to disciplinary proceedings for misconduct, leading to their dismissal from service.
• The disciplinary charges stemmed from an incident involving the arrest and inspection of four foreign citizens, with allegations of insubordination and failure to follow reporting procedures.
• The PDRM Disciplinary Board found the officers guilty and imposed dismissal as punishment.

• Whether the disciplinary authority was under a duty to provide reasons for its decision to dismiss the officers, particularly in light of Article 5(1) of the Federal Constitution concerning the right to livelihood.
• Whether the High Court erred in quashing the disciplinary decisions on the ground of procedural impropriety due to the absence of reasons.
• Whether the disciplinary proceedings and the dismissal of public officers are governed by specific public law principles that limit the scope of judicial review compared to private employment disputes.

• The Court of Appeal found that the High Court erred in holding that the disciplinary authority had a duty to provide reasons for its decision.
• The Court held that public officers hold office during the pleasure of the Yang di-Pertuan Agong, and while Article 135(2) of the Federal Constitution provides a right to be heard, it does not mandate the provision of detailed reasons for dismissal decisions under the Public Officers (Conduct and Discipline) Regulations 1993.
• The appeals were allowed, setting aside the High Court's orders for judicial review, as the disciplinary proceedings were found to have complied with the prescribed regulations and there was no fundamental procedural defect.