Monday, May 5, 2008

Sultan has ‘no jurisdiction on transfer’ - The Star

PENANG: May 5, 2008

Perak Sultan Azlan Shah has no jurisdiction over the transfer of Datuk Jamry Sury from the Perak Religious Department, Bukit Gelugor MP Karpal Singh said.

“The constitution of Perak clearly provides that the Rulers must act on executive advice.

“Sultan Azlan Shah did not have any say, as the Ruler of Perak, in the decision made by the state government and, by law, the palace cannot order the state government to reinstate Jamry,” Karpal Singh said, citing the case of the Federal Territory Education Director and Others vs Loot Ting Yee which was decided in the Federal Court in 1982.

Quoting part of the judgement, Karpal Singh said in a press statement, “whether a civil servant should be transferred, and if so, where and when the transfer is to be made are matters for the Government to decide.

“As employment in the public service is during the pleasure of the Yang di-Pertuan Agong, so long as a public officer is in the service, it is for the Government to decide whether his transfer is in the public interest.”

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