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Police commission decision on demotion upheld

PUTRAJAYA, 20 Jan 2009: A retired police officer will only receive the pension of an Inspector after losing in his bid to challenge the Police Force Commission’s decision that demoted him for failing to take action on another police officer for taking a bribe.

The three-member panel of the Federal Court led by Justice Datuk Nik Hashim Nik Ab Rahman unanimously denied T Ganeswaran leave to appeal to the Federal Court over the said decision.

Nik Hashim, who sat with Justices Datuk Hashim Yusoff and Datuk Zulkefli Ahmad Makinuddin, ruled that Ganeswaran’s case was not fit and proper for the court to grant leave under Section 96 (b) of the Courts of Judicature Act.

Ganeswaran’s rank of Assistant Superintendant of Police (ASP) was reduced to Inspector when he was found guilty by the Commission on 11 Sept 1992 for allegedly being irresponsible for failure to take action against Inspector Mohd Azman Abd Manap.

Mohd Azman had received a RM2,000 bribe from Jaw Lak Chai to release his wife, who was arrested on suspicion of being involved in illegal gambling.

Ganeswaran joined the force as a probationary Inspector in 1967 and had served for 25 years before leaving the service in 1995 on optional retirement.

He now works as a second-hand car dealer.

The commission did not accept Ganeswaran’s representation that, among others, said he had reported the matter to the Anti-Corruption Agency (ACA) which subsequently took action against Azman.

Ganeswaran, a former prosecuting officer in Kuala Lumpur, then initiated legal proceedings at the Kuala Lumpur High Court in 1995 against the Commission and the Government of Malaysia seeking a declaration that his demotion was unlawful.

On 31 July 1996, the High Court dismissed Ganeswaran’s claim. Ganeswaran also failed in his appeal at the Court of Appeal. — Bernama

 

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