CHHAVI PRAKASH SAINI Vs. CENTRAL UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Senior Counsel Mr.G.K.Garg, appearing on behalf of respondent at the very outset submits that vide order dated 3-5-2012 the punishment inflicted upon the petitioner for his misconduct in terms of order dated 13-3-2012 has since been reduced and the petitioner would be allowed to attend the regular classes of IV Semester commencing from December, 2012 and to appear in the examination after completion of the Semester as per the University Rules.

(2.) COUNSEL for the petitioner submits that the order of punishment dated 13-3-2012 is disproportionate to the misconduct of the petitioner wherein the only serious allegation found proved in an enquiry is with regard to slapping of a co-student by the petitioner. COUNSEL submits that the petitioner was suspended during pendency of enquiry vide order dated 4-2-2012 and further punishment under order dated 13-3-2012 tantamounts to petitioner being subjected to double jeopardy. COUNSEL submits that the petitioner having already suffered suspension under order dated 4-2-2012, this court should set aside the order dated 13-3-2012 and allow the petitioner to write the examination of the IV Semester of M.S. Green Chemistry starting today i.e. 4-5-2012 as a regular student.

(3.) IN the present case the respondent University has reduced the effect of order of punishment dated 13-3-2012 under its order dated 3-5-2012 allowing the petitioner to attend regular classes of the IV Semester commencing December, 2012 and to appear in examination after completion of study of the Semester as per University Rules. IN view of the order dated 3-5-2012 the petitioner is now eligible to study in IV semester commencing December, 2012 and thereafter to appear in the examination after completion of study as against being eligible to recommence study in the IV Semester in December, 2013 under the order dated 13-3-2012.