AN instructor is fighting for his job back after being sacked from the Correctional Services Department for having two packets of peanuts at work. Pang Tak-kwai, who had been with the department for 11 years, lost his job last October and forfeited his pension. The decision, made by the Chief Executive in Council on the recommendation of the Commissioner of Correctional Services, came 17 months after Mr Pang was convicted of a criminal offence. On May 29, 1998, he was found guilty of possession or introduction of prohibited articles - two packets of salted peanuts - on November 21, 1997, at Stanley Prison. Mr Pang, who taught leatherwork to inmates, had the snacks in his pockets when he should have stored them in his staff cabinet before work. Magistrate John Glass, presiding at the trial in Western Court, gave him an absolute discharge. The sentence may be passed on someone whose conduct amounts to an offence but in circumstances that do not deserve punishment. In a High Court writ seeking a judicial review, lawyers for Mr Pang said the offence was 'in the category of technical breach of the letter of the law'. 'However, the commissioner seems to have considered the circumstances to be much more serious, as if the applicant intended to pass the packets of peanuts to prisoners,' the writ says. Mr Pang is seeking a declaration that his dismissal is null and void. Alternatively, he is asking the court to send the case back to the Chief Executive for reconsideration. Mr Pang's lawyers also argue the Chief Executive acted outside his powers, which they say are confined to disciplinary, not criminal, offences.