SIBARAM PANDA Vs. COLLECTORCUTTACK

JUDGEMENT

(1.) Petitioners are students of the Orissa School of Engineering, Cuttack. After completing Diploma Course in Engineering they were undergoing a Condensed Course for Diploma in Automobile, Mechanical, Instrumental and Control. In Sept 1981 there was a tension in the school. It is said that the Principal managed to get an application from students making allegations against the petitioners. Some criminal cases were started. On 3-12-1981 transfer certificates issued to the petitioners by the Principal containing a notice that the Managing Committee decided to issue compulsory transfer certificates to the petitioners and others for misconduct and indiscipline. Petitioners contend that mere allegation has been treated as sufficient proof of and justification for such punitive action. It is, therefore, prayed to quash the transfer certificates issued by the Principal.

(2.) In the counter, it has been averred that the transfer certificates have been issued in the best interest of the institution and to control law and order situation for the purpose of maintenance of discipline in the institution. Certain allegations were made by the members of the staff and students for highhanded action and misconduct of the petitioners. As the atmosphere of the institution was surcharged with rowdiness it was considered that issuing of show cause notice would frustrate the very purpose for which the action was proposed. The Principal made a report to the Managing Committee which, after considering the report, thought it proper to issue transfer certificates to the petitioners.

(3.) Mr. Mishra, the learned counsel for the petitioner contends that the transfer certificates issued by the Principal cannot be sustained inasmuch as no opportunity was given to the petitioners to show cause and rules of natural justice have been violated. No inquiry was held. The petitioners have been prejudiced thereby inasmuch as the actions are punitive in nature.