The court ruled that procedural fairness was violated as the accused was deprived of cross-examination opportunities, undermining the admissibility of evidence and the integrity of the DAC's decision.

[1] This appeal emanates from disciplinary proceedings which were instituted by the 1st Respondent ("R1") / Universiti Putra Malaysia ("UPM") against Professor Dato' Dr Mohd Fauzi Bin Ramlan ("the Appellant") (a former Vice-Chancellor of UPM). The disciplinary proceedings against the Appellant were regulated by the provisions of the Statutory Bodies (Discipline and Surcharge) Act 2000 (Act 605) ("the Act"). The 2nd Respondent is UPM's Disciplinary Appeal Committee ("DAC") and is a creature of the Act. In this judgment, the 1st Respondent shall interchangeably be referred to as "R1" or "UPM". The present appeal is against the decision of the Learned Judge of the High Court at Kuala Lumpur, dated 11 June 2021, dismissing the Appellant's application for Judicial Review to quash the decision of the DAC, dated 23 July 2019, which rejected the Appellant's appeal against the decision of the Disciplinary Committee ("DC") which found him guilty of the charge of misconduct ie insubordination, and punished with reduction of rank from Grade VK6 to VK7.

[2] The 3rd Respondent who was at that time the Minister of Education, had chaired the DAC meeting on 28 June 2019. Before the DC had commenced, the Board of the 1st Respondent had formed a committee known as the Internal Investigation Committee ("IIC") and directed that an investigation be conducted into the issues pertaining to the Appellant's misconduct.

[3] The IIC interviewed several persons, including the Appellant and in particular, UPM's then Legal Advisor, Prof. Madya Dr Rozanah binti Abdul Rahman ("Dr Rozanah"), who also testified subsequently before the DAC. The findings of the IIC were reported to the Board. The Board was satisfied that disciplinary proceedings were warranted and referred the matter to the DC. The DC directed the Investigation Committee ("IC") to investigate the matter. The IC conducted an investigation. However, the IC's investigation was done without anyone being interviewed. The DC adopted the outcome of the IC's investigation and found the Appellant guilty of misconduct and downgraded him from VK6 to VK7. The High Court's decision which dismissed the Judicial Review is reported as Professor Dato' Dr Mohd Fauzi Ramlan v. University Putra Malaysia & Ors [2021] MLRHU 2289 (HC).

Background Facts

[4] The Appellant was a Professor in the Faculty of Agriculture of R1. He was also the former Vice-Chancellor of UPM from 1 January 2013 to 31 December 2015. The facts giving rise to the disciplinary complaint are said to have arisen whilst he was the Vice-Chancellor of UPM. At any rate, as a result of the disciplinary proceedings, the Appellant was punished with reduction in rank from Grade VK6 to VK7.

[5] During his tenure as the Vice-Chancellor of UPM, he was also the member of UPM's Board, the Chairman of the Senate and the Chairman of the Management Committee ("MC"). As the Vice-Chancellor, the Appellant was involved in the following two projects:

i. A project to construct and develop a facility known 'Medical City' on land owned by UPM, which includes a private hospital, international school, retail facility, international residence, hotel, office, health centre and exhibition hall ("Medical City Project"); and

ii. A project to construct and develop a futsal Court and sports facility on land owned by UPM ("Futsal Project"), (collectively referred to as "the Projects").

[6] The gravamen of the disciplinary complaint is that on or about 28 April 2014, the Appellant had, in his capacity as the then Vice-Chancellor, signed and/or executed on behalf of UPM the following agreements (without obtaining the