Justice Ahmad Bache said that Y Kohila, 48, was deprived of the right to be heard, which constituted a breach of natural justice, during both the domestic inquiry and subsequent appeal process.

“Due to the unfair and unreasonable acts, she suffered loss and damages,” Ahmad said in his broad grounds of judgment delivered to allow her suit.

He also allowed Kohila’s declaration that her dismissal as an employee was in breach of her employment contract.

Ahmad said assessment of damages and costs would be done later.

Ahmad said that during the domestic inquiry, Kohila’s request to bring witnesses and to be represented by a lawyer of her choice was refused and documents to prepare her case were denied.

“The refusal put her in a disadvantaged position and she was unable to put her defence forward,” he said, adding that she was also given limited time to cross-examine the bank’s witnesses.

The judge said the bank’s argument that she was legally qualified to defend herself was not sufficient grounds.

Further, he said Kohila, who is now a practising lawyer, was also not allowed to testify and as such she could not give her version of events.

The inquiry in May 2017 found her guilty and the bank’s disciplinary committee decided to sack her, which Ahmad said was a drastic punishment.

He said Kohila was not invited to be present before the committee to mitigate when the inquiry team and bank officials from the human resources department were present.

“There was another round of breach of natural justice when she could not submit to mitigate before the committee,” he said.

He said the decision to punish her was a one-sided hearing as the committee only heard aggravating factors.

“The fact that she was promoted while with the bank for 12 years and was a results-driven employee was not put to the committee.

“Her alleged misconduct was not related to her work and that was also not brought to their attention,” he said.

Ahmad said Kohila’s final recourse to the bank governor was a mere formality as there was nothing to consider based on what transpired in the inquiry and the committee.

The committee, in June 2017, decided to terminate her employment on three counts of misconduct under its 2012 code of ethics.

She was said to have canvassed support for Parti Sosialis Malaysia (PSM) and its officers in the 13th general election by drafting and publishing two press statements on the “Oppressed People’s Network (Jerit)” website on April 12, 2013.

Kohila, who joined the central bank in 2005, was also said to have canvassed support for S Arutchelvan, then secretary-general of PSM, to contest the Selangor assembly seat for Semenyih on April 17, 2013.

She was accused of conducting herself in a manner not befitting her status as an employee of BNM by participating in a public rally on May 1, 2016 and wearing an anti-GST shirt.

During the trial, it was also revealed that on May 29, 2012, Kohila had been issued a stern warning and had her salary reduced by RM500, in addition to not receiving a bonus for 2011, for a similar “act of misconduct”.

Kohila, who was the manager of BNM’s museum, art gallery and knowledge management centre, had also participated in the 2011 Bersih rally calling for electoral reforms.

Lawyers Ambiga Sreenevasan, Gokul Radhakrishnan, Sarah Ho and KS Bawani represented Kohila.

Counsel Steven Thiru and Janice Teo appeared for the bank.