LAW 309: Danny was a boiler man who worked for the Palm Oil Research Institute (PORI) (fictitious), an agency under the jurisdiction of the Ministry of Plantation: ADMINISTRATIVE LAW Assignment, UTM, Malaysia

QUESTION ONE

Danny was a boiler man who worked for the Palm Oil Research Institute (PORI) (fictitious), an agency under the jurisdiction of the Ministry of Plantation Industries and Commodities in Shah Alam. His supervisor, Ethan, lodged a complaint on 21 March 2022 that Danny did not turn up for work from 14 to 18 March 2022 without any valid reason. Ethan also alleged that the medical certificate produced by Danny on 20 March 2022, from Shah Alam Hospital was forged.

By a letter dated 23 March 2022, Danny was informed by the Director-General of PORI, Dato’ Fahmi, that a disciplinary hearing would be conducted on 1 April 2022. The charges read:

“That you, from 14 to 18 March 2022, were absent from work without any valid reason. Therefore, you are accused to have committed a disciplinary offence for being absent from duty without leave or without prior permission and without reasonable cause for three consecutive days and that is punishable with the penalty of dismissal”. The letter further stated, “That you, on 20 March 2022, have produced a forged medical certificate to Mr Ethan, your superior. Therefore, you are accused to have committed a disciplinary offence on dishonesty that is punishable with the penalty of dismissal”.

During the hearing on 1 April 2022, the Disciplinary Committee was presented with the following evidences on behalf of PORI:

The thumbprint record from 14 to 18 March 2022 that showed Danny was
Oral testimony of Ethan that the medical certificate was forged because he believed that Danny was not sick on those dates. The handwriting on the medical certificate looked like Danny’s handwriting. Ethan admitted that he did not call or visit the Shah Alam Hospital to verify the authenticity of the medical certificate.

Danny was invited to explain himself. He admitted that he was absent from 14 to 18 March 2022 but he denied having forged the medical certificate as claimed by Ethan. However, the Disciplinary Committee decided that the failure of Danny to enter his thumbprint on those dates and the credibility of Ethan as an experienced staff and the recipient of an excellent service award substantiated the charge.

Danny requested from the Committee to call Dr Geetha, the medical officer who issued the medical certificate as his witness, but his request was denied. Danny also was not satisfied because one of the Disciplinary Committee members was Hazira, Danny’s former superior, who transferred Danny from PORI’s office from Putrajaya to Shah Alam in 2021 due to some arguments between them concerning work.

The Disciplinary Committee decided to dismiss Danny.

Advise Danny on whether there was a breach of natural justice.

QUESTION TWO

The Environmental Quality and Clean Air Act 2020 (fictitious) empowers local authorities to make by-laws for monitoring and controlling any act or activity that may cause serious implications to the quality or health of the environment within their respective territorial jurisdictions. The Act also provides that before any by-laws are enforced by local authorities, the Department of Environment (DOE) must be consulted.

The Permata Lembah Bujang District Council by virtue of the Act, passed the Environment Quality and Clean Air Regulations 2021 which, among others, stated that:

Regulation 10: Any application for land development by the landowner is permitted on the certification of viability and safety of the project by the Council’s Inspector of Environmental Safety and Health. The Permata Lembah Bujang District Council may impose reasonable fees for the issuance of such certification, the fees of which shall be reviewed from time to
Regulation 20: Any registered owner of the land will be held liable if open burning is found on his land with or without his knowledge or

The by-laws came into effect on 3 May 2022, and it was discovered that the by-laws were never presented for consultation with the Department of Environment (DOE) before its enforcement.

Mr. Burn Kak, a local resident was fined for the open burning on his land. He was dissatisfied with the regulation because the open burning was done by a stranger who entered his land when he was in Thailand.

Miss Tin Gee’s application for the certificate to develop her land was approved by the Council for a fee of RM200 per square feet of her land. She was dissatisfied with the high fee that was imposed by the Council for her application.

Mr Burn Kak and Miss Tin Gee are dissatisfied with the Environment Quality and Clean Air Regulations 2021 passed by the Permata Lembah Bujang District Council.

Advise Mr Burn Kak and Miss Tin Gee.

QUESTION THREE

The Food and Catering Act 2020 (fictitious) empowers Dato’ Adib Adam, the Chairman of the Lembah Gurun Pekan Township (LGPT) to make any decisions relating to the promotion, safety and hygiene of the food and catering business in LGPT. Pursuant to the power conferred under the Act, Dato’ Adib made the following decisions: –

He cancelled the licensing permit of the popular Restaurant Sodap Makan because his wife intends to open a new catering business next to that
He revoked Cendol Cafe licensing permit because Cendol Cafe employed only male
He rejected Maidin’s application to operate a noodle stall in Lariz Food Court because the Lembah Gurun Health Officer advised him that Maidin had violated several health regulations in his other

Discuss the validity of Dato’ Adib Adam’s decisions.

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