KAMAL SINGH Vs. CHANCELLOR, ALLAHABAD UNIVERSITY AND OTHERS

JUDGEMENT

(1.) The petitioner Kamal Singh Yadav, was a student of LL.B III year of the Allahabad University on 14-2-1981, one Omprakash Rai lodged a report with the Proctor of the Allahabad University against certain students alleging that Kamlesh Tewari, S.P. Goswami, Indra Pal Singh and Kamal Singh Yadav formed a group and demolished the foundation stone laid by the Rajyapal and when they were attempting to demolish the foundation stone paid by the Prime Minister Smt. India Gandhi, he intervened and attempted to stop them from demolishing the foundation. Thereupon Kamiesh Tewari caught hold Ora Prakash Rai from behind and attempted to throttle him. Kamiesh Tewari asio bit his nose. Om Prakash Rai gave a list of twelve students who had fromed the procession and had reached the spot with the intention of demolishing the foundation laid by the Rajyapal and the Prime Minister. The said report was considered by the Proctor on 16-21981. Being of the opinion that a prima facie case existed for enquiry, the Proctor requested the Vice-Chancellor for appointment of an enquiry committee. On 26-2-1981 the Vice-Chancellor appointed a Committee consisting of four teachers namely, Dr. Hari Shankar Singh, Dr. Ram Nagina Singh (Chairman), Iswar Chandra Shukla and Dr. Prabhu Narain Misra The Vice-Chancellor noted that the Enquiry Committed could call the concerned students for submitting the report on the question referred to it for enquiry.

(2.) The Committee thereafter, called the petitioner on 14-3-1981 and gave him nine questions dealing with the charges mentioned by Om Prakash Rai in bis complaint dated 14-2-1981. The petitioner submitted his reply to each one of the charges in writing and denied his presence on the 13th Feb. 1981. The Committee also took the statements of a number of students. After considering the entire material, the Committee submitted a report to the Vice Chancellor on 19 6-l981 finding that the petitioner Kamal Singh Yadav was guilty of biting Om Prakash Rai and also of demolishing the foundation laid by the Rhajyapal.

(3.) The Vice Chancellor considered the report given by the Enquiry Committee and found that In the interest of maintenance of discipline, it was necessary that Kamal Singh Yadav, the petitioner, was restricted from the University of Allahabad for a period of two years for his involvement in the incident of 13-2-1981 in the Department of Ancient History, Culture and, Archaeology, the Vice-Chancellor further ordered his rustication for two years and banned his entry into the University Campuses for the period of his rustication.