SHAH ALAM: An administrative assistant won his unlawful dismissal suit against the Klang Municipal Council for allegedly being absent without leave for 228 days.
R.Krishnan, 58, who is attached to the council's legal department, succceded in getting a court order that he was still holding the post and his dismissal was invalid.
High Court judge Justice Dr Badariah Sahamid found the dismissal by the council to be unlawful by reason of serious
procedural irregularities and impropriety.
A senior assistant registrar would determine and assess Krishnan's entitlement in terms of wages and emoluments since his dismissal on Nov 21, 2001.
"The charge issued to the plaintiff dated Oct 1, 2001 was bad for a serious factual error in the computation of days he was alleged to have been absent without leave.
"The charge had lumped all the dates when the plaintiff was alleged to have been absent, including weekends and public holidays, to come to a total of 228 days," the judge said.
She said the number of absent without leave days clearly do not take into account weekends and public holidays and, therefore, would be less than 228 days.
"There is no evidence that the factual error in the charge was ever rectified to show the actual number of days the plaintiff had been absent without leave, which leads me to conclude that the disciplinary board had based its decision on a charge that is factually inaccurate," the judge said.
She said the error had caused great prejudice to Krishnan and was sufficient to nullify the decision of the board.
"The plaintiff had reported for duty on April 14, 2000, after being absent without leave for what the defendant alleged to be a whopping 228 days and yet no disciplinary action was taken against him until Oct 1, 2001, a delay of almost one and half years later," she added.
She said she found the reason given for the delay - the difficulty of convening members of the board - as totally unacceptable.
"In addition, after the plaintiff had reported for duty, he had been given a salary increment as well as received a favourable report from his head of department," she added.
Krishnan's lawyer, M. Manoharan, said that his client was very happy as he would get his wages for the last 13 years.
"He will get his backwages and other benefits which amounts to RM300,000," Manoharan told reporters.
He said the judge allowed Krishnan's claim with costs of RM20,000.
He said his client has submit his application to retire at the age of 60.
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