By WU VUIDE
KOTA KINABALU: The High Court of Sabah and Sarawak here granted leave to former Hospital Wanita dan Kanak-Kanak Sabah director, Dr Yogendra Panchalingam, to commence judicial review proceedings challenging the legality of the decisions which resulted in his removal from his position as hospital director.
The decision, delivered on Nov 2, paves the way for Yogendra to pursue his legal challenge against the Sabah Health Department director, the Malaysia Health Ministry and the Malaysia Government.
Yogendra is challenging two administrative decisions dated July 24 and 27, 2026, which resulted in his removal from the position and functions of hospital director and his subsequent placement as a grade UD14 medical officer at Hospital Wanita dan Kanak-Kanak Sabah.
In his judicial review application, Yogendra contends that the decisions were unlawful, procedurally unfair and made without proper legal authority.
He further maintains that the decisions effectively amounted to a demotion and were implemented without affording him a reasonable opportunity to be heard, contrary to the principles of natural justice and the protection afforded under Article 135(2) of the Federal Constitution.
Among the reliefs sought are orders to quash the impugned decisions, restore him to his former position, functions and authority as hospital director, and recover the allowances and benefits allegedly lost as a consequence of his removal.
The granting of leave represents a significant procedural development, allowing the legality of the administrative decisions to be examined through substantive judicial review proceedings.
The case also raises wider questions concerning the extent of administrative powers exercised by public authorities over senior government officers, particularly where decisions may substantially affect their professional standing, responsibilities and careers.
While the High Court has yet to determine the merits of Yogendra’s challenge, the granting of leave allows the disputed decisions to be subjected to judicial scrutiny.
The proceedings are expected to bring into focus fundamental principles of administrative law, including the limits of executive authority, procedural fairness, natural justice and the constitutional protection afforded to public servants.
The High Court has fixed Dec 10, 2026, for the substantive hearing of the judicial review application.
Yogendra is represented by counsel Joan Goh.
