JUDGMENT

Introduction

[1] This is an appeal by the appellants against the decision of the Court of Appeal dated 5 December 2018, affirming the decision of the Penang High Court dated 25 April 2017 which allowed the respondent's application for judicial review to quash the decision of the 1st appellant. The High Court held that the failure by the appellants to give the respondent a reasonable opportunity of being heard as required by s 16(4) of the Local Government Act 1976 ("LGA") and reg 29(1) of the Public Officers (Conduct and Discipline) Municipal Council of the Province Wellesley Regulations 1995 ("1995 Regulations") rendered the 1st appellant's decision to dismiss the respondent from his employment unsustainable in law.

[2] The appeal was by leave granted by this court on 6 August 2018. The questions of law reserved for our determination are as follows:

(1) Whether subregulation 25(2) of the Public Officers (Conduct and Discipline) Municipal Council of Province Wellesley Regulations 1995 which provides that subregulation (1) shall not apply in the following cases: