Advocates:
['DR KARTIKEY HARI GUPTA', '', 'PALLAVI BAHUGUNA', 'RAFAT MUNIR ALI', 'IRUM ZEBA', 'BINA PANDE', 'C S C']

AFR

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 1709 of 2022

Dhruv Chandna

..............……. Petitioner

versus

University of Petroleum and Energy and other

...…………. Respondents

Dr. Kartikeya Hari Gupta and Ms. Irum Zeba, learned counsel for the

writ applicant.

Ms. Beena Pande, learned counsel for the respondent nos. 1 to 4.

Mr. Yogesh Pande, learned Additional Chief Standing Counsel for the

State of Uttarakhand/respondent no.5.

-----------

Judgement dated: 20.10.2022

Hon’ble Sanjaya Kumar Mishra, J.

Upon hearing the learned counsel, the Court made the

following Order.

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

2

the academic Session 2019-2023 having Roll

No. SAP-500075760 of the aforesaid University.

On 06.05.2022, at about 9:30 AM, 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:

3

“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