SAM MAARK VERAK v. DATO' ZAINAL ABIDIN AHMAD & ORS
COURT OF APPEAL, PUTRAJAYA
HANIPAH FARIKULLAH JCA;   LEE SWEE SENG JCA;   DARRYL GOON SIEW CHYE JCA
[CIVIL APPEAL NO: B-01(A)-742-12-2019]
27 JANUARY 2022

Abstract - The court should be very slow to deem any punishment meted out by the Public Services Commission in disciplinary cases against public servants as being disproportionate. The danger of a court substituting its personal views as to what is or is not proportionate is very real. How strict the public sector wishes to be on matters of discipline may depend on many factors and circumstances and the justification may lie in the policies developed to tackle certain problems or issues that the public sector may be facing; and these may not be manifest from the facts of any given case.

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