N.H. Chan JCA:
At the outset, both parties agreed that there was only one issue which would decide the whole case without having to call witnesses.
That issue is this:
Whether the binding order made by the High Court, Muar, Johore under s. 173A (ii)(b) of the CPC could be construed as a "conviction" under paragraphs 3, 33 and 35 of the Public Officers (Conduct and Discipline) (Chapter 'D') General Orders 1980 ("GO") and, if the reply was in the positive, the dismissal was said to be perfectly legitimate and effected according to law.
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