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2012 Supreme(Pat) 324

NAVIN SINHA
Vivek Kumar S/o Shri Chandeshwar Pandit – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Satyabir Bharti, Alok Chandra.
For the Respondent Nos. 1, 5 & 6: Mr. Yogendra Pd. Sinha.
For the Respondent Nos. 3 & 4: Mr. Arif Raza.

Order

Heard learned counsel for the petitioners and the respondents.

2. The petitioners are stated to be second year students in the discipline of Mechanical. Electrical and Electronics stream respectively at the Motihari College of Engineering, a Government College under the Department of Science & Technology. They are aggrieved by the order of expulsion dated 23.12.2011 passed by the Officer on Special Duty on allegations for having indulged in ragging a first year student as held on enquiry by the Anti Ragging Committee.

3. Learned counsel for the petitioners submits that they are alleged to have ragged a first year student, Monika Shailesh. No statement of the victim was ever recorded much less furnished to the petitioners with an opportunity to defend. No show cause notice of any allegations was ever given to the petitioners. The procedure followed by the Anti-Ragging Squad and Anti-Raggil1g Committee was completely unilateral and ex parte in nature. At no stage of the alleged enquiry, the petitioners were associated with it in any manner to present their defence of having been falsely implicated in the matter. It was their alleged conduct which was the subject of enquiry. Yet th














































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