PETALING JAYA: A High Court in Johor Bahru has quashed the sacking of a soldier who allegedly went absent from work without official leave (AWOL) three years ago.
Allowing a judicial review application, Justice Ahmad Murad Abdul Aziz also reinstated Izwan Abu Bakar to his previous rank of corporal.
Prior to being sacked, the soldier had been demoted to a trooper.
Murad also ordered that the applicant be paid his backwages and all other perks he is entitled to.
In a ruling delivered online, Murad said the punishment meted out on Izwan was “disproportionate” to the alleged offence of going AWOL.
The judge, however, dismissed Izwan’s claim for damages for 60 days of unlawful detention, pain and suffering.
Izwan, 32, who was represented by Mathan Anandaram, was also awarded RM15,000 in costs.
Izwan, who joined the army in 2009, opted to be tried before his commanding officer Major Hafes Rosli at the Tebrau army camp in Johor Bahru.
He was detained for 60 days after he was found guilty on June 17, and had his rank downgraded before eventually being sacked from the force.
Izwan, who was said to be AWOL for 11 days from June 2 to June 13, turned to the court in September 2020.
Senior federal counsel Nik Isfahanie Wan Ab Rahman represented Hafes, the army and the government.