ANIL KUMAR GUPTA Vs. STATE OF RAJASTHAN & OTHERS
LAWS(RAJ)-1993-3-99
HIGH COURT OF RAJASTHAN
Decided on March 15,1993

ANIL KUMAR GUPTA Appellant
VERSUS
State of Rajasthan And Others Respondents

JUDGEMENT

- (1.) The present writ petition has been filed in respect of incidence alleged to have been taken place on 25.1.1992 in which one of the student namely; Vaibhav Bhushan was beaten by few of the students and he was locked in his room. Disciplinary action was taken against the students and by an order dated 27th January, 1992 the Proctor has directed that involvement of these students is evident and they were expelled from , the College and the hostel till further orders.
(2.) The submission of the learned counsel for the petitioner is that the name of the petitioner was not in the F.I.R. and that there was a compromise through the Court in which the matter was dropped and therefore, the order of the Court should prevail over the enquiry and the order of the institution. It is further submitted that Annexures 1 and 2 which have been submitted do not pertain to the petitioner and neither any opportunity was given nor any notice was issued to the petitioner. The submission of the learned counsel for the petitioner is also that three months time could only have been mentioned in the order in accordance with the Ordinance 88 and the action which has been taken against the petitioner is only because he happened to be the friend of the other students who might or might not have been involved in the incident.
(3.) Mr. Jain appearing on behalf of the respondents has relied upon the decision given by this Court in the case of Dhanpat Singh Vs. M.R.E.C. & Ors. S.B. Civil Writ Petition No. 2014/92 decided on 31.8.1992.;


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