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SANJAYA KUMAR MISHRA
Dhruv Chandna – Appellant
Versus
University of Petroleum and Energy – Respondent
JUDGMENT :
SANJAYA KUMAR MISHRA, J.
1. The petitioner, a student of University of Petroleum and Energy Studies, Dehradun (hereinafter referred to as the UPES, for brevity) has prayed that a writ of certiorari be issued quashing the arbitrary and illegal suspension order passed on 24.06.2022 for a period of 15 days, i.e. 03.08.2022 to 17.08.2022 along with all other punishments and entire disciplinary proceedings against the petitioner.
2. The petitioner has taken admission in the aforesaid Institute in the course of Bachelor of Design (Transpirations and Mobility) Course for the academic Session 2019-2023 having Roll No. SAP-500075760 of the aforesaid University. On 06.05.2022, at about 9:30 A.M. when the petitioner was moving along with one of his friends, the respondent no. 4 driving Ford Endeavour Car registered with number UK 07 DP 9687 allegedly overtook the vehicle of the petitioner in a very dangerous manner, for which, the petitioner got imbalanced, but somehow saved themselves by stopping his vehicle in front of respondent no. 4’s vehicle. It is alleged that the petitioner and his friend abused the respondent no. 4. The respondent no. 4 also allegedly threatened the petitione
Disciplinary proceedings must adhere to principles of natural justice, and the punishment imposed should be proportionate to the incident.
The court emphasized that punitive actions against students must adhere to principles of natural justice, including the right to a fair hearing before any disciplinary action is taken.
Disciplinary proceedings against students are independent of criminal investigations, proceeding on preponderance of probabilities; universities may suspend/expel for serious alleged misconduct like ....
The court established that a university servant's suspension must be based on sufficient prima facie evidence of misconduct, as outlined in the Bihar State Universities Act, and that the right to pro....
The principle of natural justice does not apply to the issuance of an order of suspension as it is an ad-interim measure during the pendency of the departmental proceeding.
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