N.H. Chan JCA:
On appeal, the High Court at Muar confirmed the finding of guilt but it set aside the imprisonment and instead bound over the plaintiff for three years under s. 173A(A)(ii) (b) of the Criminal Procedure Code without recording a conviction against him.
Article 135(2) will not apply to a case which comes within any proviso to the Article.
In the present case proviso (a) applies to the plaintiff as he was dismissed "on the ground of conduct in respect of which a criminal charge [had] been proved against him." Therefore, the plaintiff's claim under paragraph 12 of the statement of claim that his dismissal had infringed natural justice in that he was not afforded an opportunity to be heard must necessarily fail.
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