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1988 MarsdenLR 947

EDGAR JOSEPH
ROHANA ARIFFIN – Appellant
Versus
UNIVERSITI SAINS MALAYSIA & ANOTHER CASE – Respondent


Advocates:
For the applicants - Haji Sulaiman bin Abdullah; M/s. Zain & Co.
For the respondent - N.G. Sivanandan; M/s. Presgrave & Matthews

JUDGMENT

Edgar Joseph Jr J:

In these two consolidated applications by Rohana bte Ariffin and Hashim Hussin Yaacob, both lecturers in Sociology and Development Studies at the Universiti Sains, Malaysia, the respondent herein, made pursuant to leave granted by Harun J on 21 May 1986, for Orders ofCertiorari to remove into this Court for the purpose of they being quashed two separate decisions dated 10 March 1986 of the Council of the respondent University dismissing their appeals from decisions of the Disciplinary Authority of the respondent University whereby, in the case of Rohana, she was found guilty of a single count and, in the case of Hashim, he was found guilty of four out of six counts, in contravention of certain Rules of the Universiti Sains (Discipline of Staff) Rules, 1979, on grounds of bias, denial of natural justice and error of law apparent on the face of the record, a preliminary objection by Counsel for the respondent was before me.

It was argued that although the applicants had obtained the necessary leave for the commencement of these proceedings and had entered them by filing within the periods limited by O. 53 rr. 1A, 2(1) and 2(2), respectively, they had defau

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