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1984 DIGILAW 214 (ORI)

SRINIBAS KAR v. ORISSA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY

1984-08-03

B.K.BEHERA, R.C.PATNAIK

body1984
JUDGMENT : R.C. Patnaik, J. - This is an application by the Petitioners under Article 226 of the Constitution of India for the quashing of the decision of the Orissa University of Agriculture and Technology expelling them for a period of two years for their alleged misconduct. The decision of the Academic Council is as per Annexure-7 and the order of expulsion as communicated is as per Annexure-I. 2. The Petitioners are students of third Semester of B.V.Sc. and A.H. course under opposite party No. 1. They were alleged to have indulged in ragging on Kishori Mohan Biswal, a student of first year class. 3. The learned Counsel for the Petitioners' urged that the punishment has been awarded without following the principles of natural justice. It has been alleged that the Petitioners are scholarship-holders and the punishment awarded would have far-reaching consequence on their career. 4. It has been admitted in the counter affidavit that the statement of the complainant Kishori Mohan and his complaint were not supplied to the Petitioners. 5. The principles governing disciplinary action against students are by now well settled. While it is no doubt true that the authorities have to maintain discipline in the institution, it is at the same time fundamental that before punishment is inflicted on a student, he should be given adequate opportunity to defend himself. The principles of natural justice mandate that a student against whom disciplinary proceeding has been started should be afforded an opportunity of being heard. In short, the proceeding should be just and fair. After hearing counsel for the parties, we find some offending features in the proceeding. We are of the opinion that howsoever reprehensible the conduct of the Petitioners might be, they were not afforded adequate opportunity in the proceeding; the proceeding has not been just and fair. 6. We, therefore, quash Annexures-7 and 1 so far as those relate to the Petitioners. Despite our quashing as aforesaid, it is open to the authorities to take such measure or start fresh proceedings against the Petitioners as they may be advised. In case it is decided to start fresh proceedings, the same should be completed within two months from to-day after complying with the principles of natural justice. A copy of this judgment be handed over to Shri B.S. Misra, the learned Counsel appearing for the opposite parties. 7. The writ application is accordingly, allowed. In case it is decided to start fresh proceedings, the same should be completed within two months from to-day after complying with the principles of natural justice. A copy of this judgment be handed over to Shri B.S. Misra, the learned Counsel appearing for the opposite parties. 7. The writ application is accordingly, allowed. There would be no order as to costs. B.K. Behera, J. 8. I agree. Final Result : Allowed