KUALA LUMPUR: The Government and four others are applying to strike out a lawsuit by a retired army captain against them for alleged conspiracy, cheating and downgrading of his ranking as Malaysian armed forces officer.
In the latest civil action, Kpt (Rtd) Tengku Zainal Abidin Tengku Yusoff, 62, who is representing himself, is the sole plaintiff.
Speaking to media after the parties met High Court Judicial Commissioner Roslan Abu Bakar in chambers Tuesday, Tengku Zainal Abidin said the defendants wants to strike out his lawsuit on grounds that it was time-barred and that the matter had been decided twice by the courts.
Tengku Zainal Abidin said is seeking to apply to recuse the judicial commissioner from hearing his case.
In the lawsuit filed on June 27, the other defendants named are the King, the Prime Minister, the Chief Secretary to the Government and the Armed Forces Commander.
In the statement of claim, Tengku Zainal Abidin said the interpretation that a "cadet officer" was not an officer and not fit to enjoy its facilities and privileges were unfounded and in contradiction with the armed forces law.
Tengku Zainal Abidin claimed he had been denied his cadet officer rights and that it was wrong and tantamount to a cheating.
Among others, he said in a Cabinet decision in 1963, the then Prime Minister had set up a Special Commission to review the remuneration and service terms for all staff of the public sector but had sidelined the armed forces causing their rights not being defended.
He is seeking general, aggravated, exemplary and special damages in the civil dispute.
Among others, Tengku Zainal Abidin is seeking for a declaration that the interpretation of a cadet officer as not an officer was invalid and ought to be strike out.
The Government of Malaysia and the Republic of Singapore and five others had on Aug 15, 2012, succeeded in their bid to struck out a lawsuit by Tengku Zainal Abidin for alleged conspiracy, cheating and downgrading the dignity of 403 retired Malaysian armed forces officers.
High Court judge Justice Vazeer Alam Mydin Meera struck out the suit on grounds that the issues raised by Tengku Zainal Abidin in the lawsuit had been raised in a previous 2001 suit and was heard by a High Court.
Justice Vazeer said the law requires that there should be finality in litigation.
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