The "right" to oral hearing in disciplinary proceedings against public servants: a malaysian perspective

Zulkiferee, Ibrahim and Abdul Majid Tahir, Mohamed (2018) The "right" to oral hearing in disciplinary proceedings against public servants: a malaysian perspective. In: International Conference on Global Humanitoman and Human Rights 2018, 31 Dec 2018, UniSZA.

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Abstract

The decisions of disciplinary authorities in disciplinary proceedings continue to be judicially reviewed on the ground of their failure to grant oral hearing to the affected public servants albeit the well established principle by Privy Council in Najar Singh’s case since 1976. Such failure might implicate the deliverance of justice, and affect the reputation and goodwill of Malaysian government as the major employer in the nation. The constitutional protection of reasonable opportunity of being heard to public servants under Article 135(2) in case of dismissal and reduction of rank should be interpreted in the light of fundamental right to life as enshrined in the Federal Constitution. The purpose of this article is to examine the approaches of the court in determining the right to oral hearing in disciplinary proceedings against public servants; and whether the administrative decisions of the disciplinary authorities should be subject to judicial review or not. This paper forwarded a submission that liberal approach should be adopted by the court in determining the right to oral hearing in disciplinary proceedings against public servants.

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