The Court of Appeal has quashed the demotion of former Universiti Putra Malaysia (UPM) vice-chancellor Fauzi Ramlan, who was previously disciplined for authorising two commercial agreements without the prior approval of the university’s board.
A three-member bench, chaired by Justice S Nantha Balan, found that procedural unfairness had occurred when UPM’s disciplinary appeals committee (DAC) upheld the decision of its disciplinary committee (DC).
Also on the panel hearing the appeal were Justices Nazlan Ghazali and Choo Kah Sing.
In June 2021, the High Court in Kuala Lumpur dismissed Fauzi’s judicial review application, ruling that UPM and the DAC had acted correctly in imposing the punishment.
However, in delivering the broad grounds of the decision, Nantha noted that Fauzi was absent when key witnesses testified before the DAC, including one who presented exculpatory evidence in his favour.
“He (Fauzi) did not have the opportunity to be heard and answer the charges levelled against him, which amounted to breach of natural justice,” the judge said.
In allowing the appeal, the bench held that Fauzi’s demotion from grade VK6 to VK7 was without basis and reinstated him to his original grade with effect from Oct 9, 2018, without loss of benefits.
UPM was also ordered to pay Fauzi all monetary entitlements within three months, with 5% interest, and RM25,000 in costs.
Fauzi was represented by lawyers T Gunseelan, John Skelchy, Shirlena Yogeswaran, and R Kumaradevan. UPM, the DAC, and the higher education ministry were represented by Kok Su Ann, Isabella Cheah, and Nur Liyana Nor Azman.
The commercial agreements that formed the basis of the disciplinary charges were executed by Fauzi in his official capacity as vice-chancellor.
Fauzi’s judicial review challenge was based on the contention that the disciplinary proceedings initiated by UPM were marred by multiple procedural flaws and irregularities, both in the framing of the charges and in the decision-making process of the DC, which ultimately found him guilty.
At a UPM board meeting, Fauzi and the university’s legal advisor were initially reprimanded for failing to safeguard the university’s interests.
Having found Fauzi guilty of wrongdoing and reprimanding him, the board then instructed the internal audit department to review the agreements and other procurement cases.
Based on the department’s audit report the board then set up an internal investigation committee (IIC) to look into and collect information regarding the implementation of the projects as well as two other procurement cases.
Fauzi was asked to attend an IIC hearing on Nov 8, 2016, where he was charged with abuse of power.
After evaluating the IIC findings, the board decided he should face disciplinary proceedings under the Statutory Bodies (Discipline and Surcharge) Act 2000, and the DC was set up.
On Oct 9, 2018, having reviewed Fauzi’s written representations, the DC took the decision to demote him, which the Court of Appeal has now overturned.
