S JEEVA Vs. SEVUGAN ANNAMALAI COLLEGE

JUDGEMENT

(1.) The prayer is for a certiorarified Mandamus to call for the records of the first respondent pursuant to the order dt. 25-10-1999, quash the said order and direct the respondents to permit the petitioner to continue B.Com. course in the first respondent-College.

(2.) The facts leading to the writ petition are as follows :The petitioner is a student of the IIIrd year B.Com. class in the first respondent-College. He belongs to the backward class. A group of students used to constantly tease the students belonging the petitioner's community. The petitioner brought this situation to the notice of the Principal and requested him to take stern action against the said students. The Principal, instead of taking action against those students, sided with them and threatened action against the petitioner. The Principal did not stop with that, he gave a complaint to the police against the petitioner making untrue allegations, that the petitioner had used abusive language and purportedly committed offences under S. 294(b) read with S. 506, I.P.C. The petitioner was compelled to move the Court for anticipatory bail. He was granted anticipatory bail on condition that he should report daily to the Devakottai Town Police Station at 10.00 a.m. in the meantime, the first respondent initiated disciplinary proceedings against the petitioner. As the petitioner had to report to the police everyday, he was not present at the time when notice was sought to be served on him. It would appear from the order dt. 25-10-1999 removing the petitioner from the rolls in the College, that an enquiry was purportedly held on 4-10-1999, and a show cause notice was purportedly issued on 12-10-1999. The petitioner had not received either of the communications. In disciplinary proceedings, it is of the utmost importance to serve the communications. The petitioner was denied an opportunity of explaining his position. There has been a gross violation of principles of natural justice. The report of the enquiry had also not been given to him. The petitioner is innocent and the proceedings against him have been initiated on account of communal hatred. The order of removal is null and void and, therefore, liable to be set aside. The petitioner has also sought for permission to appear for the Vth Semester examination commencing on 3-11-1999.

(3.) The writ petition was admitted on 2-11-1999.