Yogendra Kumar Pal And Ors. 5938 ... vs Vice Chancellor Narendra Dev ...
2022 Latest Caselaw 15285 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 1026 of 2007
 
Appellant :- Yogendra Kumar Pal And Ors. 5938 M/S 07
 
Respondent :- Vice Chancellor Narendra Dev University Faizabad And 2 Ors.
 
Counsel for Appellant :- Ram Bilas Patil
 
Counsel for Respondent :- Hari Prasad Gupta
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Saurabh Srivastava,J.

Order on C.M. Application No.1140 of 2007 (Application for Condonation of Delay)

Having regard to the averments made in the application seeking condonation of delay in filing the Special Appeal, we are satisfied that delay has sufficiently been explained.

Accordingly, the application is allowed and delay in filing the special appeal is hereby condoned.

Order on Appeal

Under challenge in this special appeal is the order dated 14.11.2007 passed by learned Single Judge whereby the Writ Petition No 5938 (M/S) of 2007 filed by the appellants- petitioners was dismissed.

It may be noticed that under challenge before learned Single Judge was the order dated 25.10.2007, whereby the appellants-petitioners were expelled on account of disciplinary action taken against them by the University Authorities. Learned Single Judge has passed the order which is under Appeal before us on perusal of the original record and according to the learned Single Judge the said record clearly demonstrated that the disciplinary action was taken against the appellants-petitioners by giving them show-cause notice and after holding meeting of the disciplinary committee.

It has also been recorded by learned Single Judge that even appeal / review application filed by the appellants- petitioners were rejected vide order dated 12.11.2007. Learned Single Judge has, thus, recorded a finding that in the given facts and circumstances of the case, the University has taken all the care to maintain discipline in the Institution and further that the University Authorities were constrained to take action against the appellants- petitioners on account of the indiscipline in which the appellants-petitioners had indulged.

In view of the aforesaid view of the matter, we do not find anything contrary to the findings recorded by learned Single Judge in the judgment and order under Appeal.

The special appeal is, thus, hereby dismissed..

Order Date :- 31.10.2022

N.PAL