Today, a three-member Federal Court bench unanimously allowed Azizul Wahab’s application for leave to appeal the Court of Appeal’s refusal to overturn his sacking.
Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, leading a three-member panel, said the apex court had agreed to allow Azizul’s appeal to be heard on its merits based on a single question of law.
“This is a fit and proper case to warrant the grant of leave to appeal under Section 96 of the Courts of Judicature Act 1964 following the decision of the Court of Appeal,” he said.
Sitting with Rahman were Justices Abdul Karim Abdul Jalil and Hanipah Farikullah.
To secure leave, an applicant must satisfy the apex court that the proposed appeal contains novel legal or constitutional questions of public importance that are being raised for the first time.
The Federal Court agreed to hear the appeal which will consider whether Regulation 14 of the Public Service Disciplinary Board Regulation 1993 is discriminatory and violates Article 8 of the Federal Constitution.
Article 8 states that all persons are equal before the law and entitled to equal protection under the law.
Earlier, lawyer G Subramaniam Nair contended that Regulation 14 was unconstitutional as it only grants support staff the right to appeal a termination to a disciplinary board.
“Officers in the managerial and professional group are not afforded such rights, and this is discriminatory,” said Subramaniam, who was assisted by Devika Suppiah.
Senior federal counsel Noerazlim Saidil submitted that leave should not be allowed since the Court of Appeal had affirmed the High Court’s decision.
The question of law posed will not bring about the development of the law for general interest or public advantage, she said.
Azizul joined the force in 2008. He was transferred one year later to the Kuah police station in Langkawi, where he carried out duties as an investigating, raiding and prosecuting officer.
On March 1, 2017, he was transferred to the Klang Utara police headquarters.
An investigation was conducted into allegations that he had failed to submit investigation papers to his superior within seven days of a report lodged by complainants, failed to take follow-up action, and failed to hand over investigation papers to his superiors in Kuah before leaving for Klang.
A disciplinary board issued him a show cause letter on Feb 4, 2020, which he replied to. He was dismissed from his job via a letter dated Feb 16, 2021.
Azizul, 40, secured leave of the High Court to bring judicial review proceedings to challenge his dismissal, but his plea for reinstatement, back pay and other allowances was eventually dismissed.
The Court of Appeal upheld the High Court’s decision earlier this year.