Friday, August 6, 2010

Rohana Ariffin & Anor v USM [1989] 1 MLJ 487

It is a well established principle of administrative law that anything that restricts or appears to restrict the defendants ability  to present his case  may be held to be a breach of procedural fairness and is thereby susceptible to JR.

Universiti Sains Malaysia (Discipline of Staff) Rules 1979 ,rr 4,14,27,33 & 35
Universities & University and University Colleges Act  1971, s 16 A
Rohana & Hashim.

In the case of the applicant Hashim, he had been found guilty by the disciplinary authority of four of the six offences charged, namely:
a first charge of making a public statement on a matter that would be detrimental to the policies and decisions of the respondent university in relation thereto and thereby committed an offence under r 18(1) of the Universiti Sains Malaysia (Discipline of Staff) Rules 1979 (hereinafter referred to as ‘the said Rules’) and acted so as to bring discredit to the reputation of the respondent university, and thereby committed an offence under r 4(2)(d) of the said Rules;

a second charge alleging conduct which was irresponsible, an offence under r 4(2) of the said Rules;

two charges of, inter alia, inciting students, on separate occasions, to boycott activities organized by the student affairs department of the respondent university which were offences under r 4(2)(g) and 4(2)(j) of the said Rules.

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