Police officers have no constitutional right to appeal disciplinary decisions, Federal Court rules

On October 29, the Federal Court ruled that police officers lack a constitutional right to appeal disciplinary decisions to a disciplinary appeal board. The court dismissed the appeal of former police inspector Mohd Azizul Abd Wahab, who was dismissed for mishandling investigation papers. The bench, comprising Datuk Nordin Hassan, Datuk Vazeer Alam Mydin Meera, and Datuk Ahmad Terrirudin Mohd Salleh, explained that the unique nature of police officers' responsibilities under the Police Act justified their different disciplinary framework.

Article 8(1) of the Federal Constitution guarantees equality before the law but does not require identical treatment for those with materially different circumstances. Police officers form a distinct category due to their roles in law enforcement and maintaining public order. Azizul joined the police in 2008 and served until his dismissal in February 2021, after being found guilty of three disciplinary offences, including failing to circulate 165 investigation papers and leaving 286 unresolved before his transfer.

Despite arguing for a statutory appeal mechanism, the High Court dismissed his judicial review application, and the Court of Appeal upheld the decision. The Federal Court upheld the constitutionality of the disciplinary regulations governing police officers, denying Azizul a right of appeal.