JUDGMENT
Introduction
[1] This appeal concerns the constitutionality of the disciplinary framework applicable to members of the Royal Malaysia Police (PDRM). In particular, it raises the question whether the absence of a statutory right of appeal against a disciplinary decision, when such a right is available to certain other public officers, infringes the guarantee of equality before the law and equal protection of the law under art 8(1) of the Federal Constitution (FC).
[2] The Appellant, a police Inspector, was dismissed from service following disciplinary proceedings conducted pursuant to the Public Officers (Conduct and Discipline) Regulations 1993 [P.U.(A) 395/1993] (POCDR). He was found guilty of three charges concerning the management and custody of investigation papers, contrary to the Inspector General of Police Standing Orders (PTKPN D 150A). The misconduct alleged was serious. The present appeal, however, is principally concerned with the constitutional validity of the applicable disciplinary provisions rather than a fresh determination of those charges.
[3] The Appellant challenged his dismissal by way of judicial review. The High Court dismissed his application, and the Court of Appeal affirmed that decision. Leave to appeal was granted by this Court on 20 August 2024 on two questions concerning the compatibility of the disciplinary arrangements with arts 8, 132 and 135(2) of the FC, read with art 4(1).
Material Background
[4] The Appellant joined the PDRM as a trainee Inspector on 16 July 2008. After completing his training, he was posted to the Langkawi District Police Headquarters on 27 July 2009 as a criminal investigation officer. He subsequently served as Chief of the Kuah Police Station and as a local forensic investigator, before his transfer to the D7A Branch of the North Klang District Police Headquarters on 1 March 2017.