Research › Search › Judgment

Madras High Court · body

2012 DIGILAW 4048 (MAD)

Rahul Sadasivan v. Indira Gandhi National Open University Rep. By Director The Office Of The Regional Centre

2012-10-01

D.HARIPARANTHAMAN

body2012
Judgment :- The petitioners have joined the two year Diploma Course viz., Tool and Dye making in the second respondent institution during April 2010. The Course came to an end in April-May 2012. The Course comprises two semester examinations in each year. In the first year, they appeared for two semester examinations and in the second year, they appeared for third semester examinations. While they were in the fourth semester, some incident took place on 25.01.2012. Two first year students viz., Shaffaf and Ashwin D. made a complaint on 25.01.2012 stating that the petitioners and others attacked them with lethal weapons and caused severe injuries to them. It was stated that the petitioners used deadly weapons like iron chain, iron rod, steel pipe, wooden stick, and curtain strip, etc. during the incident. However, there was no police complaint against the petitioners for the alleged incident of ragging. 2. The petitioners were placed under suspension by order dated 27.01.2012 based on the preliminary enquiry conducted with the complainants. Thereafter, on 04.03.2012, an external enquiry was conducted by a team of two persons viz., Dr.S.M.Ravichandran, Professor and Head, Dept. of Tamil, Bharathiyar University, Coimbatore -46 and Dr.O.Balakrishnan, Asst. Professor, Dept. of Tamil, Bharathiyar University, Coimbatore 46. 3. No charge memo was issued to the petitioners making specific allegations. However, the petitioners were asked to appear for enquiry on 4.3.2012. Based on the complaint given by Mr.Shaffaf and Mr.Ashwin, ten second year students including the petitioners were directed to appear before the enquiry committee. The enquiry committee has submitted its report on 23.03.2012 recommending disciplinary action against the 10 students as per ragging law. Based on the enquiry report, the petitioners were terminated from the Course by order, dated 30.03.2012 by the second respondent. 4. The petitioners have filed the present writ petition to quash the aforesaid order, dated 30.3.2012 and consequential direction to the second respondent to permit them to continue with fourth and final semesters in the Diploma Course. 5. There is no representation for the first respondent though notice was served. The second respondent has filed counter affidavit refuting the allegations. In the counter affidavit, it is stated that the petitioners, along with six other students, ragged and assaulted the complainants viz., Ashwin and Shaffaf by using stones, chains, curtains, springs and rods. The complainants sustained abrasion and blunt injuries all over the body and their shirts were torn up. The second respondent has filed counter affidavit refuting the allegations. In the counter affidavit, it is stated that the petitioners, along with six other students, ragged and assaulted the complainants viz., Ashwin and Shaffaf by using stones, chains, curtains, springs and rods. The complainants sustained abrasion and blunt injuries all over the body and their shirts were torn up. Since the complainants are hailing from Kerala they will not be in a position to attend Police enquiry and hence they requested not to lodge police complaint. The enquiry committee found that the petitioners and others involved in ragging and planned assault on the victims Ashwin and Shaffaf. Based on the enquiry committee findings, the petitioners and other students were suspended on 27.1.2012 and hence the writ petition is liable to be dismissed. 6. Heard both sides. 7. The learned counsel for the petitioners has submitted that no charge memo was issued to the petitioners setting out the allegations made against them. It is further submitted that the enquiry was a farce one and witnesses were not examined in the presence of the petitioners. It is also stated that the details of the witnesses examined and the deposition made by them are not referred to in the enquiry report, dated 23.3.2012, based on which the impugned orders were passed. It is further submitted that in the enquiry report, nowhere it is stated about the use of deadly weapons. When the allegation was that the petitioners used lethal weapons, no medical reports were furnished regarding the injuries sustained by the complainants. It is further submitted that in the enquiry report, nowhere it is recorded that the petitioners caused serious injuries on the students. The report dated 23.3.2012 holds that the petitioners indulged in ragging of first year students. It is also submitted that the enquiry report dated 27.01.2012 was referred to and relied on by the enquiry committee that inquired into the matter on 04.03.2012, while the enquiry on 27.01.2012, was conducted behind the back of the petitioners. 8. On the other hand, the learned counsel for the respondents 2 and 3 has made his submission based on the counter affidavit. 9. I have considered the submissions made on either side. 10. The complaints dated 25.01.2012 and 27.01.2012 made by Mr.Shaffaf and Mr.Ashwin state that the petitioners used lethal weapons on 25.01.2012 and caused serious injuries to them. 8. On the other hand, the learned counsel for the respondents 2 and 3 has made his submission based on the counter affidavit. 9. I have considered the submissions made on either side. 10. The complaints dated 25.01.2012 and 27.01.2012 made by Mr.Shaffaf and Mr.Ashwin state that the petitioners used lethal weapons on 25.01.2012 and caused serious injuries to them. According to them, they escaped from assault and they ran to their rooms. 11. Based on the complaint, no charge memo was issued to the petitioners. No specific allegation was made against the petitioners. The details of the weapons used by each of the petitioners were not mentioned in the enquiry report. The petitioners denied the incident and stated that no injuries were caused to the complainants. At this juncture, it is also to be noted that there is no evidence that the complainants were treated in hospital, as no medical records were produced to substantiate the allegations that the complainants were beaten and they sustained injuries. The enquiry was also not conducted in accordance with the principles of natural justice. Even as per the enquiry report, dated 23.3.2012, the witnesses were examined behind the back of the petitioners. The relevant passage in the enquiry report is extracted hereunder: "12 The alleged ten students were interrogated sometimes in the presence of the two students Mr.Shaffaf and Mr.Ashwin, who placed the complaint and their witnesses and sometimes in their absence. The alleged ten second year students showed intense enemity and rivalry towards the two students Mr.Shaffaf and Mr.Ashwin, who placed the complaint." 12. The enquiry report does not reveal the details of the witnesses and also deposition of the witnesses. No records, more particularly, medical records were produced. In fact, in the enquiry report, nowhere it is stated that lethal weapons were used. There is nothing on record about the injuries caused to the complainants. The enquiry report simply states that the petitioners indulged in ragging of the first year students. Whereas, the complaint made against the petitioners was that the petitioners used lethal weapons and caused serious injuries on the complainants. However, there was no such finding in the enquiry report. Based on the same, termination order, dated 30.3.2012 was passed. 13. As already stated, the enquiry was a farce one. The enquiry was conducted in violation of principles of natural justice, for the reasons stated above. However, there was no such finding in the enquiry report. Based on the same, termination order, dated 30.3.2012 was passed. 13. As already stated, the enquiry was a farce one. The enquiry was conducted in violation of principles of natural justice, for the reasons stated above. Furthermore, the petitioners have already lost one year. 14. For the aforesaid reasons, the termination order is liable to be quashed and accordingly quashed. The petitioners shall be permitted to pursue fourth semester in the second respondent institution. The petitioners shall pay necessary tuition fees and other fees applicable for the fourth semester examinations which will commence in January, 2013. The second respondent is directed to admit the petitioners in fourth semester during January, 2013 after collecting necessary fees. 15. The writ petition is ordered in the above terms. No costs. Consequently, connected miscellaneous petition is closed.