Kota Kinabalu: The High Court of Sabah and Sarawak has 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 that led to his removal from the top hospital post.
The decision, delivered on Nov 2, clears the way for Yogendra to challenge the administrative actions taken by the Sabah Health Department Director, the Health Ministry and the Malaysian Government.
Yogendra is contesting 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 reassignment as a Grade UD14 medical officer at the same hospital.
In his application, Yogendra argued that the decisions were unlawful, procedurally unfair and made without proper legal authority.
He said his removal effectively amounted to a demotion and was carried out without giving him a reasonable opportunity to be heard.
He further argued that the decisions breached the principles of natural justice and the constitutional protection afforded to public servants under Article 135(2) of the Federal Constitution.
Among the remedies sought are orders to quash the disputed decisions, reinstate him to his former position, functions and authority as hospital director, and recover the allowances and benefits he claims to have lost following his removal.
The granting of leave marks an important procedural step in the dispute, allowing Yogendra to proceed with a substantive judicial review challenge against the government authorities.
Although the court has not yet ruled on the legality of the decisions, the case will now provide an opportunity for the disputed administrative actions to be examined through judicial proceedings.
At the heart of the challenge are questions surrounding the limits of administrative authority, the proper exercise of disciplinary and management powers, and whether public officers are entitled to procedural safeguards when decisions substantially affect their positions and professional standing.
The proceedings are also expected to examine the application of natural justice and constitutional protections in the context of administrative decisions involving senior government officers.
The High Court has fixed Dec 10, 2026, for the substantive hearing of the judicial review application.
Yogendra is represented by counsel Joan Goh.