Disciplinary proceedings must adhere to principles of natural justice, and the punishment imposed should be proportionate to the incident.

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 petitioner and misbehaved with him and his friend.

3. On the report of the respondent no. 4, Dean of Student Welfare convened a disciplinary proceeding, which was headed by himself. From annexure CA-2 to the counter affidavit, it is apparent that the Committee held its meeting where the petitioner was not present though it is stated by the respondent herein that the petitioner did not appear before the Committee in spite of sufficient notice. The Disciplinary Committee gave its finding about the petitioner’s committing intimidation and was found guilty under Section 5 (c) xv and xvii of UPES Regulations Governing Maintenance of Discipline among Students, 2009. The findings and the recommendations of the Committee is being quoted herein below for proper appreciation:

“(D) FINDINGS

Based on the analysis of evidence, as contained in Section C of this report, the Disciplinary Committee has reached the following findings unanimously.

It has been established during the enquiry that Mr. Dhruv Chandna (SAP ID 500075760, student of B.Des-VI sem) and Mr. Adarsh Rajawat (SAP ID 500066975, student of B.Des-VIII sem) committed acts of major indiscipline by indulging in threatening, which constitutes misconduct under the Provision contained in Clause 5 (c) xv and xvii of UPES Regulations Governing Maintenance of Discipline Among Students, 2009, which reads as follows:

“Indulging in acts of violence, threat, intimidation or assault or harassment or extortion or theft towards fellow students, teaching faculty and employees of the University within or outside the Campus.”

Also, the attitude of Mr. Dhruv Chandna (SAP ID 500075760, student of B.Des-VI sem) and Mr. Adarsh Rajawat (SAP ID 500066975, student of B.Des-VIII sem) during inquiry and after that was not appreciable.

(E) RECOMMEDATIONS:

Consequent to the above findings, Disciplinary Committee unanimously recommends the following to Mr. Dhruv Chandna (SAP ID 500075760, student of B.Des-VI sem) and Mr. Adarsh Rajawat (SAP ID 500066975, student of B.Des-VIII sem):

(a) They should be given warning letter with an advise not to indulge in any indiscipline matter in future.

(b) They should be counseled by University Counselor for their arrogant and deviant behavior.

(c) Mr. Dhruv Chandna (SAP ID 500075760, student of B.Des-VI sem) should be suspended from all curricular and co-curricular activities in the next semester for three months.

(d) Mr. Adarsh Rajawat (SAP ID 500066975, student of B.Des-VIII sem) should be suspended from the final Juries of B.Des-VIII sem.”

4. On the basis of such recommendations, the University took a decision to suspend the petitioner for three months. He preferred an appeal before the Vice Chancellor, who too upheld the findings but reduced the sentence of suspension of the petitioner for three months to 15 days