MAHATMA GANDHI UNIVERSITY Vs. SHERIN S

JUDGEMENT

(1.) W.A.Nos.668 and 688 of 2007 are filed against the interim orders of the learned Single Judge. Whereas, W.A.NO.702 of 2007 is filed against the final judgment of the learned Single Judge with respect to similarly placed persons in another Writ Petition. Petitioners in that writ petition are accused persons in a criminal case in relation to an alleged occurrence on 21/10/2005, in the premises of an educational institution. Following Ext.P1 F.I.R., investigation has been completed and final report has been obtained and the matter is pending before the Sessions Court. They are charged with the offences punishable under the Indian Penal Code as well as Kerala Prohibition of Ragging Act, 1998. Disciplinary proceedings against the petitioners are also pending and they were suspended by order dated 23/11/2005. By Ext.P4 judgment, this court directed that any disciplinary proceedings against the petitioners be completed and the pendency of the criminal case shall not stand in the way of disciplinary proceedings. However, more than one year and four months have elapsed and respondent students are still under suspension. The disciplinary proceedings are not finalised so far. The reason is that sessions case is pending. Even in Ext.P4 it is stated that disciplinary proceedings has to be completed notwithstanding the pendency of the criminal proceedings. But, the Syndicate decided to continue the suspension for another six months with effect from 23.11.2006. Learned Single Judge found that the above is not in conformity with Ext.P4 judgment. There is no justification for continuing the enquiry without a decision for more than one year and four months. If they are found innocent finally, how can University compensate their lost academic years. Any amount of monthly compensation will not suffice. So, considering the fact that they were under suspension pending enquiry for more than one year, the learned Single Judge in W.P.(C) No.1161 of 2007 directed as follows: