Selangor State Secretary reporting to WHOM???
Ir. Hj. Othman bin Hj. Ahmad
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Sunday January 2, 2011
Khusrin to report for duty tomorrow
PETALING JAYA: Datuk Khusrin Munawi will report for duty at the
Selangor state secretariat tomorrow despite objections from the
Selangor Mentri Besar.
Khusrin’s appointment as the state secretary is valid as it was made
in accordance with the state constitution and sources confirmed that
the Sultan of Selangor had consented to the appointment.
Khusrin is expected to issue a statement tomorrow.
Sources said the public services commission would not give in to
Mentri Besar Tan Sri Khalid Ibrahim’s pressure to revert the decision
to appoint Khusrin.
They said the commission had acted in accordance with Article 52 of
the Selangor state constitution that clearly empowered it to appoint a
state secretary.
As former mentri besar Datuk Seri Dr Mohd Khir Toyo pointed out,
Khalid has no grounds to dispute the appointment as there was no
clause in the state constitution specifying that the appointment of
the state secretary must be made with the consent of the mentri besar.
Politikus
wrote:
> http://thestar.com.my/news/story.asp?file=/2011/1/2/nation/7723878&se...
> Khusrin to report for duty tomorrow
>
> PETALING JAYA: Datuk Khusrin Munawi will report for duty at the
> Selangor state secretariat tomorrow despite objections from the
> Selangor Mentri Besar.
The civil service is polarised towards UMNO...? :-(
<<< Fast Forward Asia <<<
Chiong Kok
of service commission but which service commission is it refering
to ?
Chan kok keong, I believe, wrote a definitive piece at :
http://www.loyarburok.com/the-system/bolehland/k-point-whose-servant-is-he-anyway/
---- reproduced below for convenience -----
Experienced practitioner Chan Kok Keong tells us that if your employer
does not want you, your employer cannot (or should not) be forced to
have you. Sod off.
1. The legal answer to the status of the State Secretary is very
simple indeed.
2. Who is the State Secretary? He is an employee of the government.
Indeed, he signs off his letters as your obedient servant. In the case
of Mohd Khusrin, he wants to work for the Selangor State Government,
who will therefore be his employer.
3. The crucial question is this: can he demand or insist that he works
for the Selangor Government?
4. In common law, no servant can enforce a contract of employment
against his employer. Similarly, in layperson’s terms, can a Filipino
domestic helper insist that she wants to work for an employer who does
not want her?
5. The State Secretary can be said to be the top civil servant of the
State. But he must be acceptable to his employer, the State
Government.
6. Let us take another example, say, a public-listed company on the
Kuala Lumpur Stock Exchange. Can a CEO be appointed without the
approval and consent of the Board of Directors? The answer is clearly
NO.
7. Even if the Board delegates the selection to a sub-committee to
select the CEO, the final decision to hire rests with the Board, and
no one else.
8. In the case of Mohd Khusrin, he says that he has been appointed by
the Public Services Commission (PSC).* Although the PSC has all the
power to appoint, it still does not follow that the appointment by the
PSC cannot be rejected by the Selangor Government.
9. When commenting on the restricted role of the PSC, which he likened
to a kind of employment agency, the late Tun Suffian wrote at page 122
of his book "An Introduction To The Constitution Of Malaysia" (2nd ed,
Government Printers):
No firm in the private sector will for a moment agree that
promotion of their staff be entrusted to the decision of a body
independent of the board of directors.
10. Rhetoric aside, no public servant can insist on working for a
government which has decided not to employ him. It goes against the
grain of common sense. Government cannot be bound contractually to
hire a servant whom it distrusts or where there is lack of mutual
confidence.
11. What is the function of the PSC in relation to the Selangor
Government? The Reid Commission, whose members ultimately were
responsible for framing the Federal Constitution suggested a broad
principle that government has the right to appointments and terms of
employment of its public servants whereas the PSC is responsible for
the internal administration of the service as a professional body and
disciplinary matters.
12. And it must also be pointed out that the PSC is a Federal
Commission whose powers do not extend into the State, in this case
Selangor. However, Article 134 of the Federal Constitution says that
the Federation may second a civil servant to the State if there is a
request by the State.
13. So the next question is whether the Selangor Government made such
a request? If not, is the Federal Government over-presumptuous by
sending a civil servant to Selangor? If it is the latter, the act
would clearly be unconstitutional. And also, clearly, ultra vires.
Convention or past practice, if any, must give way to the clear words
and language of the Federal Constitution.
14. If at all there is a body which should select the State Secretary,
the State Constitution of Selangor already provides that it should be
done by the appropriate Service Commission.**
15. Under Article 139 of the Federal Constitution, it may be possible
for a State to extend the powers of the PSC to its own State. If this
has been done, it can be easily undone by the State Assembly of
Selangor passing a law at the next sitting. The legal provision for
this is Article 139(3) of the Federal Constitution.
16. Based on the above, an appointment by the PSC is therefore no big
deal. It is merely a nomination which, as explained above, can be
accepted or rejected by the potential employer. The appointment is not
irreversible. He is still a public servant except that the Selangor
Government does not want him to be their servant.
17. This is because, ultimately, the one who has the power to appoint
or dismiss him is the State Government of Selangor. Whether it is the
PSC or the State Service Commission who has the right to nominate him
is neither here nor there. It should be reiterated that the Selangor
Government is in no way obliged to accept the appointment.
18. If an ordinary worker cannot sue for specific performance, can a
civil servant force his employer to engage him?
19. If any legal precedent is needed to buttress the Selangor
Government’s stand in rejecting Mohd Khusrin, reference can be made to
a judgment of the Federal Court in Government of Malaysia v Rosalind
Oh Lee Pek Inn [1973] 1 MLJ 222 by Tun Suffian FJ where he said:
I should add that the contract between a public servant such as
the plaintiff and the government is of a very special kind, for as was
stated by Ramaswami J. at page 1894 when delivering the judgment of
the Indian Supreme Court in Roshan Lal v Union of India: "It is true
that the origin of Government service is contractual. There is an
offer and acceptance in very case. But once appointed to his post or
office the Government servant acquires a status and his rights and
obligations are no longer determined by consent of both parties, but
by statute or statutory rules which may be framed and altered
unilaterally by Government … "
20. The key words are "can be altered unilaterally …" In short,
Government cannot be tied down by contract. It must have the right to
act in the best interests of the State.
______________________________________
* The PSC was set up after Merdeka. Prior to this, Selangor and other
Malay States had their own State Service Commissions. The PSC looks
after civil servants for the Federal Government whilst the State
Service Commission, as its name suggests, looks after civil servants
employed by the State. Although the practice has been accepted
previously for the State Secretary to be appointed by the PSC, this
has been done with the implied consent of the State Government.
Constitutionally, a State Government has the right therefore to reject
an appointee who is not appointed by the State Service Commission.
** There are eight public services set out under Article 132 of the
Federal Constitution:
(a) the armed forces;
(b) the judicial and legal service;
(c) the general public service of the Federation;
(d) the police force;
(e) the railway service;
(f) the joint public services mentioned in Article 133;
(g) the public service of each State; and
(h) the education service.
Under Article 52 of the Selangor State Constitution, the "appropriate"
Commission to appoint the State Secretary is obviously the one in
respect of (g), i.e. the public service of each State, unless a joint
Federal and State Service Commission has been set up.
tan melaka
it was very kind of you to reproduce the article for
soc.culture.malaysia
readers.
Some of us has very slow internet connections, thanks to the good
efforts of SM Rais Yatim. Surfing the web, is a real pain in the rear.
It does look that the Opposition will stand to gain more in the
forthcoming general elections. It is a grievous mistake for titular
rulers to wade in the murky waters of dirty politics.
Chin Peng had the wrong strategy when he targetted the British to free
Malaya. He should have started with eliminating the local chiefs first.
The British will then give him another Medal of honor. Freedom for all
will be handed over on a silver plate. Needless deaths would have been
avoided.
uputih
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Chiong Kok <bizfaci...@gmail.com> wrote in
news:d59ff60e-7624-4ed7...@r8g2000prm.googlegroups.com:
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