Disciplinary actions must adhere to natural justice principles, but lack of prejudice can validate the process; penalties must align with the severity of misconduct.

JUDGMENT

Date : 15.03.2024 Heard Mr. O.P. Bhati, learned counsel for the petitioner. Also heard Mr. A.B. Dey, learned Standing counsel, IIT Guwahati.

2. Challenges made in this writ petition are the letter/order NO.IITG/SA/238/2023/140 dated 15.03.2023 issued by the Joint Registrar and HOS (Students Affairs) Indian Institute of Technology, Guwahati, whereby, studentship of the petitioner is terminated with immediate effect and order NO.IITG/SA/238/2023/328 dated 12.06.2023 whereby, the petitioner has been placed on academic suspension till June, 2024 with a fine of Rs.50,000/- with a rider not to provide hostel facilities and to pay a fine within ten days from the date of receipt of the letter by modifying the order dated 15.03.2023 on appeal. 3. The case of the petitioner, shorn of unnecessary details, is that he is the th student of 6 semester of Ph.D and Civil Engineering Department at Indian Institute of Technology, Guwahati (IITG, in short). On 22.02.2023 at about 10.30 p.m., the petitioner along with his four friends namely, Vidya Bhusan, Chandra Mohan Shakya, Vivek Kumar and Mahendra Patel in Room No.B2-201 of Kameng Hostel, IITG, were listening music and having normal conversations, suddenly two Security Guards entered their room and started video recording of such moments without giving any warning and without the consent of the petitioner and his friends. On such unauthorized act of the said two Security Guards, one of the friends of the petitioner Shri Chandra Mohan Shakya requested them to stop such video recording. Upon such request, the said Security Guards pushed him and told by threatening to produce the said video to the Warden and higher officers. Then and there, the petitioner and his friends stopped the music and apologized to the Security Guards. It is contended that upon such request the language and behaviour of the Security Guards became more inappropriate and in the stair case while coming down, one of the Guards pushed one of the friend of the petitioner. By such sudden force, he came three to four stairs down. Thereafter, on the ground floor the said Security Guards again started abusing the petitioner, which led to physical confrontation. According to the petitioner, he did not take any part in such physical confrontation that he had only tried to pacify the Security Guards as well as his friends.

4. The Security Guards reported the matter to the Warden by producing the videography only on the physical confrontation part of it. Accordingly, the Warden called the petitioner and his friends for meeting in the Warden’s room and based on the video evidence, the petitioner and his friends were asked to vacate the hostel and campus within 24 hours. Thereafter, on 24.02.2023, the petitioner received an e-mail asking him to attend the Students Disciplinary Committee (SDC, in short) meeting at 3.00 p.m

5. The petitioner along with his friends attended the meeting. In the meeting, petitioner and his friends narrated and explained what had happened on that unfortunate night.

6. On the basis of the decision of the SDC, the respondent No.4 issued impugned letter No. IITG/SA/238/2023/140 dated 15.03.2023, whereby, terminated the studentship of the petitioner from the IITG with immediate effect for alleged violation of various Clauses of Ordinances on Code and Conduct of Students of the IITG particularly 3.1.2, 3.1.3, 3.1.5, 3.1.6, 3.1.10(c), 3.1.17, 3.1.19, 3.1.20, 3.1.23, 3.1.25, 3.2(e), 3.2(m). It is also mentioned that petitioner was given an opportunity to present his case in the meeting and he has submitted statements before the committee wherein, he had admitted regarding his involvement in the incident.

7. The petitioner along with his two friends being aggrieved by the impugned order preferred a joint appeal before respondent No.3 seeking unqualified apology with further undertaking to desist from any such unfortunate events in future.

8. The appeal of the petitioner and his friends has been disposed of by order