KUALA LUMPUR: Five former RMAF officers, including a brigadier-general, who sued the Armed Forces Council for wrongful dismissal, has had their suit struck out by the High Court on Friday.
In their suit filed on April 27, they have claimed that they had been wrongfully dismissed after an inquiry held over the two missing RMAF F5E fighter jet engines.
The five are Brig-Jen Datuk Abdul Hadi Abdul Khatab, 57, Mejar Rusli Ibrahim, 48, Kolonel Mohamad Sani Sumarnak, 55, Mejar Noor Zelan Draman, 45, and Leftenan Kolonel Mohamed Ariff Mohd Daud, 47. They filed separate civil suits through their lawyer Zalil Mohd Mess.
They named the council, Armed Forces chief Jen Tan Sri Azizan Ariffin and the Government as defendants in the civil action.
In their originating summons, they claimed that Jen Azizan or the council in a letter dated Nov 5, 2007, directed each of them to explain allegations of misconduct and negligence.
Each plaintiff said they subsequently replied and denied the allegations. However, they said they were ''forced to retire'' without explanations over the alleged misconduct, adding that they had a valid employment contract.
The five also said they were embarrassed by the whole affair as it implied that they had cheated the Government, abetted with certain contractors to dupe the Government and that they had caused the Government to suffer losses due to their negligence.
Among others, they are seeking a declaration that the motion initiated by Jen Azizan to the Yang di-Pertuan Agong for their retirement was invalid. They also want a declaration that they have rights for their salary, allowances and other benefits. The five are seeking between RM500,000 and RM5mil in general damages, interests, costs and further relief deemed fit by the court.
Friday, May 21, 2010
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