PROFESSOR DATO' DR MOHD FAUZI RAMLAN v. UNIVERSITI PUTRA MALAYSIA & ORS
COURT OF APPEAL, PUTRAJAYA
S NANTHA BALAN JCA
MOHD NAZLAN GHAZALI JCA
CHOO KAH SING JCA
[CIVIL APPEAL NO: W-01(A)-375-07-2021]
29 AUGUST 2025
[2025] CLJ JT (12)

Abstract – (i) In disciplinary proceedings, a person facing a charge of misconduct has a fundamental right to be present when evidence is being taken from witnesses who testify either for or against him. While the right to cross-examine is not automatic in disciplinary proceedings, if the disciplinary body chooses to call witnesses, then the person should be given the right of cross-examination or, at the very least, the opportunity to articulate a response to the witness's statements; (ii) Appellate disciplinary proceedings can potentially cure earlier procedural defects only if the appellate proceedings themselves are conducted fairly and in strict accordance with the rules of natural justice.

ADMINISTRATIVE LAW: Judicial review – Certiorari – Challenge against decision of appellate Disciplinary Committee – Vice-Chancellor ('VC') of public university found guilty of misconduct of insubordination and punished with reduction in rank – Appellate Disciplinary Committee confirmed decision of Disciplinary Committee – Allegation by VC that evidence of witnesses not taken in his presence – Whether there was breach of natural justice – Whether VC denied rights to be heard and to cross-examine witnesses – Principle of audi alteram partem – Statutory Bodies (Discipline and Surcharge) Act 2000

ADMINISTRATIVE LAW: Disciplinary proceedings – Rules of natural justice – Vice-Chancellor ('VC') of public university found guilty of misconduct of insubordination and punished with reduction in rank – Appellate Disciplinary Committee confirmed decision of Disciplinary Committee – Allegation by VC that evidence of witnesses not taken in his presence – Whether VC afforded opportunity to rebut, contradict or seek clarification of evidence – Whether VC denied rights to be heard and to cross-examine witnesses – Whether there were defects in disciplinary proceedings and investigation exercise pre-disciplinary proceedings – Whether defects cured by proceedings conducted by appellate Disciplinary Committee – Whether VC prejudiced – Statutory Bodies (Discipline and Surcharge) Act 2000