1981 Supreme(Cal) 349
High Court Of Calcutta
B. C. Ray
RAM NARAYAN KESHORI - Appellant
Versus
UNIVERSITY OF CALCUTTA - Respondent
C. R. 7103 (W) Of 1979
Decided On : 09/09/1981
Ambica Bhattacharya, N.K.Roy, NONI COOMAR CHAKRABORTY, SARDA PARMAR
The principles of natural justice require that a witness on whose evidence a resolution is going to be made is to be examined in the presence of the petitioners, and the petitioners have to be given an opportunity of cross-examining the witness and also if necessary to allow him an opportunity to adduce evidence in support of the petitioners' case and to controvert the evidence adduced by this particular witness.
Headnote:
NATURAL JUSTICE - BREACH OF DISCIPLINE - CALCUTTA UNIVERSITY ACT, 1966 - ORDINANCE 62 - PRINCIPLES OF NATURAL JUSTICE VIOLATED - RESOLUTION OF CALCUTTA UNIVERSITY COUNCIL QUASHED.
Fact of the Case:
Petitioners appeared in B. Lib. Sc. Examination in 1978. The result was published, but the petitioners' results were withheld with the remark "result withheld" against their names. Charge-sheets were issued to the petitioners, and they appeared before the sub-committee of the Board of Discipline. The sub-committee adopted resolutions, which were considered by the Board of Discipline, and the Calcutta University Council approved the resolution to cancel the petitioners' examination.
Finding of the Court:
The court found that the principles of natural justice were violated as the witness on whose evidence the resolution was made was not examined in the presence of the petitioners, and the petitioners were not given an opportunity to cross-examine the witness or adduce evidence to controvert the evidence adduced by the witness.
Issues: Whether the principles of natural justice were violated in the disciplinary proceedings against the petitioners.
Ratio Decidendi: The court held that the principles of natural justice require that the witness on whose evidence a resolution is going to be made is to be examined in the presence of the petitioners, and the petitioners have to be given an opportunity of cross-examining the witness and also if necessary to allow him an opportunity to adduce evidence in support of the petitioners' case and to controvert the evidence adduced by this particular witness.
Final Decision: The court quashed the resolution of the Calcutta University Council approving the cancellation of the petitioners' examination and issued a writ of mandamus commanding the respondents to forbear from giving effect to the resolution and a writ of certiorari quashing and setting aside the resolution.
( 1 ) THIS Rule is directed against the order passed by the Calcutta University approving the resolution of the Board of Discipline dated 10-5-79 cancelling the examination of the petitioners who appeared at the B. Lib. Science Examination held in 1978 and the letter issued by the Board of Discipline intimating the same to the Head of the Department of Library Science of Calcutta University which are annexed to the writ petition as an-nexures C and D respectively.
( 2 ) THE salient facts in short as appear from the averments in the petition are as follows. The petitioners appeared in the B. Lib. Sc. Examination in 1978. The said examination was held at Pischall Hall, Darbhanga Building College Street Campus, on and from Aug. 29; 1978 to Sept. 19, 1978 and Classification practice (paper II) examination was held on Sept. 15, 1978. On or about May 24. 1978, the result of the said examination was published but as regards the result of the petitioners they were not published and were withheld with the remark "result withheld" against the name of each of the petitioners. Thereafter on Mar. 28, 1978 copies of charge-sheets were issued by the Secretary, Board of Discipline, to the petitioners intimating them of the charges brought against them and directing them to appear at the meeting of the sub-committee of the Board of Discipline which was entrusted to investigate into the cases of Breach of discipline at the said Lib. Sc. Examination held in 1978 to be held on 6-4-1979 at 3 p. m. It has also been stated in the said notice if the petitioners defaulted in appearing before the sub-committee on the date of the meeting as mentioned hereinbefore the matter would be decided ex parte without any further reference to them. One of the copies of the charge-sheets as well as one of the copies of the notices have been annexed as annexure A to the writ petition. It has been stated that the said notices are vague and the same did not contain relevant particulars in regard to the said charge-sheet It has also been submitted that no copy of the report alleged to have been submitted by the examiner Shri P. C. Banerjee was served on any of the petitioners though investigation was sought to be made by the sub-committee on the basis of the above report. The petitioners it is stated, appeared before the sub-committee as directed by the said notice and denied the allegations levelled against them in the aforesaid charge sheet. It has also been stated that while they appeared before the sub-committee the answer scripts which were alleged to be vitiated by copying were not produced nor were the same shown to them in order to give them a reasonable opportunity of knowing in particular the nature of the charges and in controverting them properly. It has been further stated that no evidence either oral or documentary was recorded by the subcommittee in their presence nor they were allowed to cross examine the witnesses examined and/or to controvert the evidence so recorded by adducing evidence in support of their case. The sub-committee adopted certain resolutions at its meeting which were considered by the Board of Discipline at its meeting on May 10, 1979 and the particular matter in question appeared as item no. 9 of the proceeding. A resolution was adopted by the Board of Discipline to the effect that the petitioners' examination be cancelled and the said resolution was recommended to be submitted before the Calcutta University Council for their approval. Accordingly on May 18, 1979 the Calcutta University Council at its meeting under agenda No. 31 considered and resolved that the resolution of the Board of Discipline dated 10-5-1979 with regard to the candidates bearing roll Nos. mentioned therein be approved. This resolution of the Calcutta University Council was intimated by the Secretary, Board of Discipline, to the Head of the Department of Library Science, Calcutta University under communication No. BD/255/ra/b-Lib. Sc. /78 dated 2