JUDGMENT

Vazeer Alam Mydin Meera FCJ:

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.