SUBJECT: ADMINISTRATIVE LAW

SUBJECT CODE: LE6153

NAME STUDENT ID COHORT
MUHAMAMAD HAZIM BIN ZAROL HOSNI 20240633-01-35117 BLEIA 76(F)
AKMA AFIF BIN ARIF ADLE 20240633-01-35120 BLEIA 76(F)
MOHAMAD SHAHRIL IDHAM BIN SHARUM 20240633-01-35127 BLEIA 76(F)
MOHAMAD NAZRUL SYARIL BIN JAS 20240633-01-35121 BLEIA 76(F)
SELEMAN
IRFAN DHIYAUDDIN BIN PADLI HISSAM 20240633-01-35102 BLEIA 76(F)
A.R. PRADEESHWAR A/L ARUMUGAM 20230633-01-35124 BLEIA 76(F)
MUHAMMAD FIRDAUS IRFAN BIN 20240633-01-35123 BLEIA 76(F)
ASHMAHADY
HAVVINASH A/L YOGARAJ 20240633-01-35126 BLEIA 76(F)

LECTURER: MRS RAJA ANA TORANI BINTI MOHD NOR

ISSUE: AKMA AFIF BIN ARIF ADLE

Given that Mrs. Pang did not arrive for work on time, did not give notice of her absence, and
did not receive a fair chance to present her case, as required by the natural justice principles,
her dismissal is justified.

Analysis:

Public Officers (Conduct and Discipline) Regulations 1993:

Rules 4(2)(g) and 4(2)(i) of the Public Officers (Conduct and Discipline regulations 1993,
which forbid irresponsible behavior and defying orders, appear to have been broken by her
actions.
Her failure to report for duty without informing anyone between June 1, 2024, and August 5,
2024, violates the standards of behavior and discipline for public servants.

LAW: MOHAMAD NAZRUL SYARIL BIN JAS SELEMAN

Additional protection is provided by Article 135(2), which states that no public servant may
be fired or have their rank lowered as a result of misconduct unless an investigation has been
carried out in compliance with applicable laws. This provision guarantees that disciplinary
actions are supported by credible evidence and emphasizes the importance of due process.

a) Misconduct Inquiry: Prior to disciplining a public servant for suspected misconduct, an

inquiry must be carried out. This request functions as an official probe to ascertain the
veracity of the claims.

b) Legal Compliance: The investigation must be carried out in accordance with published
legal guidelines, some of which may be found in the Public Officers (Conduct and
Discipline) Regulations of 1993. This guarantees that the procedure is open, equitable, and
compliant with the law. (A.R. PRADEESHWAR A/L ARUMUGAM)
c) Making Decisions: Before making a choice, the investigation's results must be thoroughly
reviewed. The public servant may be subject to appropriate disciplinary action, such as
termination or a decrease in status, if the investigation determines that the employee engaged
in wrongdoing. Nonetheless, the judgment must respect the public servant's rights and be
appropriate in light of the offense. (A.R. PRADEESHWAR A/L ARUMUGAM)

NOTICE: MOHAMAD SHAHRIL IDHAM BIN SHARUM

Audi alteram partem
The Latin phrase "Audi alteram partem" (meaning "hear the other side") refers to this legal
principle. This principle emphasizes how crucial it is to give both sides in a disagreement the
opportunity to present their case and supporting documentation before reaching a conclusion.

Procedural fairness, which guarantees that all parties have an opportunity to be heard and that
judgments are made following a careful and unbiased evaluation of the pertinent facts and
arguments, is strongly linked to the idea.

Notice
Natural justice requires notice in order to ensure that parties are aware of any impending
action against them. Individuals are given the chance to reply and defend themselves. Any
subsequent order or decision is deemed void ab initio, or void from the start, in the absence of
appropriate notice.
The notice right is essential because it enables people to learn about the allegations and the
facts against them prior to a hearing. Important information including the case's filing
jurisdiction and the hearing's date, time, and location must be included in the notice. It should
also make the accusations and suggested course of action against the person very clear. The
notice is void if any of these details are omitted.
CHARGE: HAVVINASH A/L YOGARAJ
The audi alteram partem principle guarantees an accused individual's right to be informed of
the charges against them and to a fair chance to answer to those charges in the context of a
"charge" within legal proceedings.

1) Notification of the Charge: The accused must be informed in full about the charges that
have been brought against them. This covers the precise actions they are alleged to have
done, the time and location of these actions, and the legal clauses they are alleged to have
broken.

2) Legal Representation: The right of the accused to legal representation is also covered by
this principle. This guarantees that they can mount a strong defense and are suitably
represented.
TIME: IRFAN DHIYAUDDIN BIN PADLI HISSAM
When handling situations involving public servants, it is imperative to move quickly because
appeal and response deadlines for employment and disciplinary cases are frequently stringent.
This is a recommended time frame:

1) Prompt Response: The employee should notify the employer that she has received the
notice of termination and declare her intent to file an appeal as soon as possible. As soon as
possible—ideally, a few days after receiving the notice—this needs to be done.

2) Filing an Appeal: In accordance with the applicable rules and regulations, or within any
deadline indicated in the dismissal notice, the formal appeal must be filed. This usually
happens 14–30 days after the notice is received. It's best to file the appeal within 14 days if
no deadline is specified in order to avoid any problems with timeliness.

3) Prepare Documentation: While preparing the appeal, public servant should gather and
organize all relevant evidence and documentation within the first week of deciding to appeal.
HEARING: MUHAMMAD FIRDAUS IRFAN BIN ASHMAHADY

a) Hearing Process: The public employee should be given the opportunity to make their case,
which includes the ability to address any accusations, provide supporting documentation, and
call witnesses. An impartial authority must preside over the hearing procedure, which must be
impartial as well.

b) Applicability: Whether in a permanent or temporary capacity, all employees of the public

service are covered by this provision. It guarantees that employees of the government won't
be forced to accept arbitrary judgments that could jeopardize their livelihoods and careers.
DECISION MAKING: MUHAMMAD HAZIM BIN ZAROL HOSNI

Both policy and personal bias, in the instance of Mrs. Pang, allude to possible injustice
or prejudice that might compromise the impartiality of the decision-making process.

Let me begin by discussing personal bias. The term "personal bias" refers to the
partiality and bias that people exhibit while making decisions. These behaviors are typically
brought about by personal connections, convictions, or life events that may have an impact on
their judgment.

Furthermore, personal bias in Mrs. Pang's case could be defined as follows: if any
member of the Education Service Commission's decision-making group had previously held
personal views, connections, or convictions about Mrs. Pang that could have influenced their
choice to fire her without giving her any advance notice or communicating with her, that
could be seen as personal bias.

For instance, in the case of Mrs. Pang, personal bias would have occurred if any
member of the Commission harbored a personal animosity towards Mrs. Pang or a
preconceived notion that she was careless without conducting an impartial assessment of the
available evidence.

Second, I'd like to discuss policy bias. Policy bias is defined as when regulations or
rules are applied in a way that is biased by strict adherence to the policies, disregarding the
particulars of the case or the fairness principles.

In Mrs. Pang's case, the Public Officers (Conduct and Discipline) Regulations 1993
were applied strictly, which resulted in her termination without taking into account any of her
justifications or the special circumstances, including her husband's extended stay in Vietnam
and her personal problems. This could be interpreted as policy bias.

It can therefore be argued that the Education Service Commission's decision to

terminate Mrs. Pang without giving her a chance to clarify the circumstances could be viewed
as biased policy. The natural justice principle, which calls for a fair oral hearing and the
consideration of all pertinent circumstances, has been subordinated by the Commission in
favor of procedural compliance.
AKMA AFIF BIN ARIF ADLE

Financial interests that taint decision-makers' impartiality are known as pecuniary bias. There
isn't any concrete proof that Mrs. Pang's financial interests affected her choice in this
instance. If there were any financial factors—like the cost savings from her termination—
they would have to be proven.