UTM professor wins bid to quash dismissal, but no reinstatement yet

Universiti Teknologi Malaysia (UTM) must reconsider its dismissal of an associate professor after the High Court in Johor Bahru ruled that the disciplinary process had denied her a fair opportunity to defend herself.

Judicial Commissioner Budiman Lutfi Mohamed set aside the disciplinary committee’s decision on Nov 29, 2024, which upheld eight charges against associate professor B Malarvili and maintained her dismissal, effective June 4 that year.

He ordered UTM to review the case afresh, disclose relevant evidence, allow Malarvili to make further representations and consider whether witnesses should be heard or further investigations carried out.

However, the ruling does not amount to a finding that Malarvili was innocent of the charges, as the court did not order UTM to reinstate her or pay salary arrears or damages.

In his written judgment, Budiman said the fresh review could result in the charges being withdrawn, Malarvili being cleared, a lesser punishment being imposed or her dismissal being upheld again, provided the process complied with the law.

He said that the case was not simply about whether the disciplinary committee had reached the correct conclusion, but whether Malarvili had been given a meaningful opportunity to answer the allegations.

“The right to be heard must be a real right and not an empty formality,” he said, referring to an established legal principle in judicial review proceedings.

Budiman said admitting to using a scanned signature did not necessarily amount to admitting to forgery, dishonesty or an intention to deceive.

The judge also found that UTM had not shown that the requested documents had been provided or adequately explained how Malarvili’s representations were considered after the disciplinary appeal committee referred the case back for reconsideration.

Malarvili, who had served at UTM’s Skudai campus in Johor for about 21 years, faced allegations involving the use of a scanned signature on a supporting letter, overseas travel without approval, attendance-record irregularities, activities linked to the UNISERF programme and alleged involvement in outside business activities.

UTM and the two disciplinary committees were ordered to pay Malarvili RM15,000 in costs, jointly and severally.

Ebrina Zubir appeared for Malarvili, while Syahmi Nawawi represented UTM and the two committees.

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