- (1.) IN this writ petition, the petitioners have prayed for quashing the order of punishment issued by the Registrar, Indian School of Mines University, Dhanbad, whereby the wards of the petitioners have been expelled and debarred from all academic activities and hostel accommodation for the Academic Year 2007 -08 on the allegation of ragging of one Piyush Kumar Raghav, a First Year Student of the Respondent -Institute. The said act is an act of indiscipline falling under Category -I of Rule 4(I)(b) of the Rules Governing Maintenance of Discipline and Grievance Procedure.
(2.) GRIEVANCE of the petitioners is that before passing the said penal order, no notice or opportunity of hearing has been given to the concerned students and there has been flagrant violation of principle of natural justice. The entire proceeding was closed within a short span of four hours on 2nd August, 2007. The order of expulsion has been purportedly passed under Disciplinary Action of Category -I. But the respondents have acted in complete defiance of the prescribed Rules and Procedure. The order has been passed by the Respondent No.3, who is not competent to pass the order of punishment of expulsion, falling within Category -I of the. Disciplinary Action. The order is, thus, without jurisdiction. The punishment imposed on the wards of the petitioners is also shockingly disproportionate to the act of the alleged misconduct. It has further been stated that the complainant withdrew the complaint in writing. He also felt that the punishment is harsh and requested the respondents to accept withdrawal of the complaint and recall the order of punishment. Wards of the petitioners also tendered apology and regretted by saying that their behaviour was impulsive and they had no intention to cause any inconvenience to Piyush Kumar Raghav.
(3.) A counter affidavit has been filed on behalf of the respondents. It has been admitted that no notice was issued to the wards of the petitioners before passing the impugned order. However, it has been stated that they were heard in person in the enquiry made on the complaint of Piyush Kumar Raghav. Piyush Kumar Raghav subsequently withdrew the complaint.;