Profesor UTM berjaya ketepikan keputusan pemecatan

Mahkamah Tinggi Johor Bahru has ordered Universiti Teknologi Malaysia (UTM) to reconsider the termination of Professor B Malarvili following its decision that the university's disciplinary process was unfair. The Attorney-General's Chambers had upheld eight charges against Professor Malarvili, including the dismissal, on 4 June 2024, after the disciplinary committee's decision of 29 November 2024.

The top court directed UTM to conduct a fresh review of the case, allowing Malarvili to present additional arguments and consider whether witnesses should be called for further testimony or additional investigations. However, this decision does not mean that the court found Malarvili innocent of the charges, as the court did not instruct UTM to reinstate Malarvili's employment or pay backpay or damages.

In its written judgment, Budiman stated that the new review could result in the withdrawal of the charges, Malarvili's acquittal of the charges, a lighter punishment, or the dismissal of the dismissal altogether, provided that the proceedings comply with the law. He noted that the case is not only about whether the disciplinary committee reached the correct decision, but also whether Malarvili was given a meaningful opportunity to respond to the allegations against him.

Budiman emphasized that the right to be heard is a genuine right, not a mere formalistic procedure. He also noted that admitting the use of a forged signature does not necessarily mean one admits to perjury, dishonesty, or coercion. The court also found that UTM did not show that the documents requested had been provided or adequately explained how Malarvili's representations were considered after the disciplinary committee's review.

Professor Malarvili, who has been serving at UTM Skudai, Johor, for about 21 years, faced charges related to forged signatures on a supporting letter, an overseas trip without approval, irregular attendance records, UNISERF program activities, and allegations of involvement in business activities. UTM and both the disciplinary committee have been ordered to pay RM15,000 each to Malarvili.