Former MPAJ enforcement director wins appeal
Published: Aug 19, 2011 10:05 AM | Updated: Aug 19, 2011 10:07 AM
The Court of Appeal here today ordered Ampang Jaya Municipal Council (MPAJ) to pay special damages of seven months’ remuneration to its former enforcement director Capt (Rtd) Abdul Kudus Ahmad after allowing his appeal to declare his dismissal by the council eight years ago invalid.
The Court of Appeal here today ordered Ampang Jaya Municipal Council (MPAJ) to pay special damages of seven months’ remuneration to its former enforcement director Capt (Rtd) Abdul Kudus Ahmad after allowing his appeal to declare his dismissal by the council eight years ago invalid.
A three-man panel comprising Sulong Matjeraie, Abdul Wahab Patail and Zaharah Ibrahim unanimously allowed Abdul Kudus’s appeal to reverse a High Court dismissal of his civil suit against MPAJ over his dismissal by the council’s disciplinary board on June 11, 2003.
The court also ordered MPAJ to pay Abdul Kudus RM25,000 in costs for the proceedings at the High Court and appellate court.
Abdul Kudus last drawn monthly salary was RM3,015.
Abdul Kudus, 48, now a taxi driver, entered into an contractual agreement with MPAJ to be employed as an enforcement officer for three years from Jan 15, 2001.
He was however, dismissed seven months earlier, before his contract was to end on Jan 14, 2004.
Abdul Kudus (right) then filed a civil suit against MPAJ for wrongful dismissal in 2006.
MPAJ defended that the dismissal was done according to the law.
In the proceedings today, counsel M Manoharan urged the court to allow the appeal, saying his client was deprived of the right of hearing and mitigation and that he did not know what were the charges preferred on him and also did not know the grounds for his dismissal.
Lawyer Faizal Hassan Abdul Hamid representing MPAJ submitted that based on the contract, MPAJ can exercise its right to dismiss an employee after finding him guilty of misconduct.
On Sept 2 last year, the Kuala Lumpur High Court acquitted and discharged Abdul Kudus Ahmad of bribery after allowing his appeal to set aside the 11 years and 10 months’ jail and RM370,000 fine imposed by the Ampang Sessions Court.
He had been charged with 24 counts of receiving bribes totalling RM59,000.
- Bernama
A three-man panel comprising Sulong Matjeraie, Abdul Wahab Patail and Zaharah Ibrahim unanimously allowed Abdul Kudus’s appeal to reverse a High Court dismissal of his civil suit against MPAJ over his dismissal by the council’s disciplinary board on June 11, 2003.
The court also ordered MPAJ to pay Abdul Kudus RM25,000 in costs for the proceedings at the High Court and appellate court.
Abdul Kudus last drawn monthly salary was RM3,015.
Abdul Kudus, 48, now a taxi driver, entered into an contractual agreement with MPAJ to be employed as an enforcement officer for three years from Jan 15, 2001.
He was however, dismissed seven months earlier, before his contract was to end on Jan 14, 2004.
Abdul Kudus (right) then filed a civil suit against MPAJ for wrongful dismissal in 2006. MPAJ defended that the dismissal was done according to the law.
In the proceedings today, counsel M Manoharan urged the court to allow the appeal, saying his client was deprived of the right of hearing and mitigation and that he did not know what were the charges preferred on him and also did not know the grounds for his dismissal.
Lawyer Faizal Hassan Abdul Hamid representing MPAJ submitted that based on the contract, MPAJ can exercise its right to dismiss an employee after finding him guilty of misconduct.
On Sept 2 last year, the Kuala Lumpur High Court acquitted and discharged Abdul Kudus Ahmad of bribery after allowing his appeal to set aside the 11 years and 10 months’ jail and RM370,000 fine imposed by the Ampang Sessions Court.
He had been charged with 24 counts of receiving bribes totalling RM59,000.
- Bernama
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