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Navy corporal allowed to challenge termination


KUALA LUMPUR: A navy corporal has succeeded in getting a court order to challenge his termination from service three months before he was due to retire.

High Court judge (Appellate and Special Powers) judge Justice Rohana Yusuf granted leave to S. Simathari to initiate a judicial review application on the matter.

The corporal claimed he was dismissed in March for alleged insubordination.

His lawyer Yudistra Darma Dorai said the judge made the order after he submitted that the Queen’s Regulations for the Royal Navy were no longer applicable in Malaysia.

He said the Royal Malaysian Navy had used the Queen’s Regulations to terminate Simathari’s service for insubordination.

“They asked him (Simathari) to sign his dismissal documents and admit to an offence he had not committed and he refused to do so,” said the lawyer.

Outside the court, Simathari told reporters he had served for over 24 years as a navy leading hand and his duties included making flight bookings for officers.

“They terminated me on March 29, which was three months before I was due to retire,” he said.

In his application for leave, Simathari named as respondents the Admiral of the Royal Malaysian Navy, the Armed Forces Council and commanding officer Rafe Hashim.

Simathari sought to be reinstated to his position and declared he was entitled to salaries, allowances and benefits due to him if he was not terminated.

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