Ashok Bhushan, J. - (1.) Heard Sri Y.S. Saxena, advocate for the appellant and Sri Ramesh Upadhyaya appearing for respondent Nos. 1 to 3.
(2.) By this special appeal, the appellant has challenged the judgment dated 23rd November, 2002 of learned single Judge in Writ Petition No. 49013 of 2002 dismissing the writ petition filed by the appellant.
(3.) Facts giving rise to this special appeal, briefly stated, are ; appellant is a student of Bachelor of Engineering final year in Madan Mohan Malviya Engineering College, Gorakhpur. A girl student of Bachelor of Engineering final year (Electronics), Km. Shaifali Gautam, submitted a written complaint against the appellant on 12.10.2002 to the Warden of Hostel. The complaint stated that she is being continuously harassed by appellant for last two months, the appellant had been sending letters, E-Mails and abusive phone calls in past. The girl stated that she is forced to lodge a complaint because of misbehaviour and eve-teasing he has done on that date in the city. The girl student stated that she along with two of her batch-mates was having dinner in Hotel San Plaza where appellant came and sat on their table. The girls went out avoiding the appellant but appellant followed and misbehaved with the complainant. The complainant stated that appellant tried to abuse verbally as well as manually, he tried to slap her and even pulled her clothes. The aforesaid complaint was handed over to the disciplinary committee and the disciplinary committee on the same day at 10.00 p.m. Issued a notice to the appellant and another student, Balvir Singh to appear before disciplinary committee on 13.10.2002 at 11.00 a.m. The notice was duly received by appellant and he appeared on 13.10.2002 and submitted a written statement addressed to Dean of the Students, Madan Mohan Malviya Engineering College, Gorakhpur. Five professors participated in the proceeding on 13.10.2002 and directed the appellant to again appear before disciplinary committee on 22nd October, 2002. The disciplinary committee again took the above matter on 23rd October, 2002. Two girl students, who were along with the complainant on that day and one boy also gave written statement on 23rd October, 2002 before the disciplinary committee. The disciplinary committee recommended expulsion of the appellant from hostel and college on which the Principal passed an order expelling the appellant from the college and hostel for the year 2002-2003. The aforesaid order was communicated by the letter dated 26th October, 2002 of the Dean of the students. Writ petition was filed by the petitioner-appellant challenging the order dated 26.10.2002. Counter and supplementary counter-affidavits were filed by the college in the writ petition to which rejoinder-affidavit was also filed by the petitioner-appellant. Learned single Judge vide its judgment dated 23rd November, 2002 dismissed the writ petition. The appellant has challenged the aforesaid judgment dated 23rd November, 2002 by means of this special appeal.;