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DEVENDRA KUMAR UPADHYAYA, SAURABH SRIVASTAVA
Chief Medical Superintendent Saraswati Medical College Unnao – Appellant
Versus
Mohammad Shakir Hussain – Respondent
JUDGMENT :
1. Heard Sri Apoorva Tiwari and Sri Aditya Tiwari, learned counsel appearing for the appellant, Sri Akash Dixit, learned counsel representing the respondent no.1-petitioner, learned State counsel representing the State-respondent No. 2, Sri Kshitij Mishra, learned counsel representing the respondent no. 3, Sri Savitra Vardhan Singh, learned counsel representing the respondent no. 4 and Sri Gyanendra Srivastava, learned counsel representing the respondent no. 5.
2. This special appeal has been preferred challenging the judgment and order dated 13.09.2022 passed by the learned Single Judge, whereby Writ-C No. 5622 of 2022 filed by the respondent no. 1-petitioner therein has been allowed and the order dated 25.7.2022 passed by the appellant-Institution whereby respondent no. 1-petitioner was rusticated temporarily for a period of three months as intern in the Institution has been set aside. Learned Single Judge has also directed that the certificate which may be awarded to the respondent no. 1-petitioner on completion of internship shall not record that he was found guilty of ragging in the Institution.
3. Submission of the learned counsel for the appellants is that the findin
Point of Law : Regulation 23(2), as quoted above, clearly prescribes that inquiry/investigation is to be held giving adequate opportunity to the student/students, accused of ragging.
The judgment emphasizes the importance of adhering to principles of natural justice and the presumption of innocence, as well as the right to liberty guaranteed under Article 21 of the Constitution.
The principles of natural justice require that a quasi-judicial body cannot pass an adverse order against a party without giving them a notice and an opportunity to be heard.
The court established that remorse and willingness to reform can justify the quashing of FIRs in cases of ragging, emphasizing the need for strict measures against such social evils.
Disciplinary proceedings must adhere to principles of natural justice, requiring specific allegations to be communicated to the accused for a fair hearing.
Anti-ragging inquiry reports and communications exempt as personal information under RTI to protect complainant anonymity; administrative details like receipt date, status, and actions disclosable.
A student cannot be rusticated from a college without being given an opportunity to be heard. Such a rustication order is arbitrary and unjust and violates the principles of natural justice.
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