Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE. In the matter Praveen Basnet Versus State of Sikkim [W. P. (C) No. 11 of 2021 ]dealt with an issue mentioned above.
The petitioners allege that although the College started functioning, its infrastructure was inadequate to meet the requirements; it did not offer streams like science and commerce, and it did not have an academic environment.
Respondents no.1, 2 and 3 have filed their counter-affidavits. It is contended by the respondents that the impugned expulsion orders are the culmination of several failed attempts aimed at ensuring that the petitioners and other students of the College maintain discipline as expected of them. They assert that despite several instances of misconduct on the part of the petitioners, the respondents have condoned them with the hope that the petitioners would mend their ways.
The court perused the facts and arguments presented in the case in the facts of case, this court is also of the view that the College authorities shall be fully within their rights to issue show cause notice upon the petitioners on ascertained facts giving them an opportunity to explain themselves and after following the principles of natural justice to take such measured disciplinary action as befitting the indiscipline and as per rules and regulations of the College.
Judgment reviewed by Sakshi Mishra