Ex-teacher gets back RM58,000 docked from gratuity over alleged misconduct
PUTRAJAYA : The government must return approximately RM58,000 to a former secondary school teacher, the amount that was deducted from his gratuity after he was alleged to have been absent from school for 192 days while in service.
This follows the Court of Appeal's unanimous decision today to dismiss the government's final appeal, ruling that N James Arulchelvam had not committed misconduct as defined in a circular and under the Public Officers (Conduct and Discipline) Regulations 1993.
A three-member bench chaired by Justice Supang Lian said the High Court had not erred in ruling in Arulchelvam's favour.
'We find the respondent had not been served a show cause to respond to the alleged misconduct,' she said, ordering the government to also pay RM10,000 in costs.
Justices Lim Chong Fong and Alwi Abdul Wahab also sat on the panel.
Arulchelvam, 64, whose last posting was at SM Engku Husain in Semenyih, Selangor, was diagnosed with a medical condition and categorised as a special case due to his illness.
In early 2017, he was assigned only six teaching periods over two or three days a week, meaning he was required to be in school only on those days.
Arulchelvam then decided to go on optional retirement in late 2018.
However, a new principal at the school later initiated disciplinary proceedings against him for allegedly being absent from school for 192 days – 108 days in 2016 and 84 days in 2017.
The government, through the education ministry, subsequently deducted RM58,004.90 from his gratuity for the days he was said to be absent.
In his suit filed in January 2019, Arulchelvam said he had been present at school during the relevant period but had not clocked in.
The sessions court dismissed his suit, but the High Court later allowed his appeal and awarded him the deducted sum.
Lawyers Walter Pereira and Naveen Chandra Bose represented Arulchelvam, while senior federal counsels Nur Aifaa Che Abdullah, Noor Fadzila Ishak and Sheryn Yong appeared for the government.
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