KUALA LUMPUR: Former Ampang Jaya Municipal Council (MPAJ) enforcement director Kapt (Rtd) Abdul Kudus Ahmad has lost his civil suit against the council after the High Court ruled that his dismissal seven years ago was valid.
In dismissing the suit with costs yesterday, High Court judge Justice Noor Azian Shaari said Abdul Kudus was not entitled to question the council’s motive as he had entered into the agreement voluntarily.
“The dismissal letter is valid and the defendant has the right to terminate the service of the plaintiff,” said the judge.
Speaking to reporters later, Abdul Kudus, who is now self-employed, said he did not expect such a verdict, adding that he still did not know why he was dismissed.
His lawyer M. Manoharan said he would appeal against the court ruling.
The judge made the decision after hearing evidence from three witnesses because both parties had not been able to reach an out-of-court settlement.
On June 7, 2006, Abdul Kudus had filed the civil suit asking for a declaration that his dismissal by the council’s disciplinary board on June 11, 2003, was invalid and unlawful.
He sought a declaration that he was still an enforcement officer and entitled for all his backdated wages, allowances and benefits, and also applied for damages.
In his statement of claim, Abdul Kudus, 48, said he had entered into an agreement with the council to be employed as an enforcement officer for three years from Jan 15, 2001 but that its disciplinary board had in a letter dated June 11, 2003, decided to unlawfully dismiss him on the same day.
He claimed that the board had terminated his service in mala fide manner after recording hearsay evidence published by local newspapers due to an alleged slander by a minister against him.