Amir Abdollah, 44, who joined the police force in 2000, was charged under the Dangerous Drugs Act 1952 in 2023 for taking drugs.

On April 10 the same year, he pleaded guilty in the magistrates’ court here and was placed on a good behaviour bond under Section 173A of the Criminal Procedure Code which does not treat the plea as a conviction.

Despite this, the police disciplinary board terminated his services, citing Regulation 38(g) of the Public Officers (Conduct and Discipline) Regulations 1993. The dismissal took effect on June 26, 2023.

Amir then filed for and obtained leave to commence judicial review proceedings to challenge his dismissal from the force, arguing that his dismissal was invalid as he was not formally convicted of the offence.

He also said the punishment was too harsh and that a lesser penalty, such as a demotion or pay cut, should have been imposed.

High Court Judge Anand Ponnudurai dismissed Amir’s challenge, saying that the law allows for disciplinary action based on a finding of guilt.

“A finding of guilt is required for a good behaviour bond, so the disciplinary board acted within its rights,” the judge said in his broad grounds of judgment.

Anand also rejected claims that the punishment was excessive, saying it was in line with the law and previous cases.

He cited a 1996 ruling by the late Justice Gopal Sri Ram which held that a member of the public service can be dismissed even if bound over by a good behaviour bond.

Anand said the Federal Court had taken the same position in subsequent cases, adding that the court does not have the power to change the penalty imposed by the police’s disciplinary board.

The judge made no order for costs in the case.

Amir was represented by K Simon Murali, while senior federal counsel Aliza Jamaluddin represented the police and government.