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1989 MarsdenLR 781

HIGH COURT PENANG
ROHANA ARIFFIN & ANOR – Appellant
Versus
UNIVERSITI SAINS MALAYSIA – Respondent


Petitioner Advocates:Haji Sulaiman Abdullah,Sree Santhan,Sivarasa Rasiah ,Respondent Advocate: Raja Abdul Aziz Addruse,NG Sivanandan

JUDGMENT

Edgar Joseph JR J:

[1] These applicants, Rohana bte Ariffin and Hashim Hussin Yaacob, both lecturers in Sociology and Development Studies at the Universities Sains, Malaysia, the respondent herein, have applied for orders of certiorari to remove into this court for the purpose of them being quashed two separate decisions of the council of the respondent university (the council), dated 10 March 1986, dismissing their appeals from decisions of the relevant disciplinary authority (the disciplinary authority).

[2] 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) 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;

(b) a second charge alleging conduct which was irresponsible, an offen

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