The appellants were Second Year students of the college and lived in a hostel attached to
the college. There was another hostel for girl students. On the night between June 10 and 11,
1972, some male students of the college were found sitting on the compound wall of the girls
Hostel. Later they entered into the compound and were seen walking without clothes on them.
They went near the windows of the rooms of some of the girls and tried to pull the hand of
one of the girls. Some five of these boys then climbed up along the drain pipes to the terrace
of the girls Hostel where a few girls were doing their studies. On seeing them, the girls raised
an alarm following which the students ran away. The girls recognised four out of these male
students.
On June 14, 1972, a complaint was received by the Principal from 36 girl students
residing in the Girls Hostel alleging the above facts. The Principal ordered an enquiry to be
conducted by three member of the staff viz., Dr J. Sharan, Dr B.B.P. Roy and Dr (Miss) M.
Quadros. The four students were directed to present themselves at 4.30 p.m. on June 15, 1972,
in the Principal’s room in connection with the enquiry. Accordingly, they attended at the time
of enquiry which was conducted by the Enquiry Committee in the room itself—the Principal
having left the place. The students were called one after other in the room and to each one of
them the contents of the complaint were explained, due care being taken not to disclose the
names of the girls who had made the complaint. They were also given a charge which ran as
follows:
“A complaint has been lodged that you trespassed into the premises of the girls
hostel at late night of June 10 and 11, 1972, made unauthorised entry into the Junior
Girls Hostel. Further you have been accused of gross misconduct. You are, therefore,
asked to show cause why disciplinary action should not be taken against you for the
misconduct.
You are directed to file your reply immediately to the Enquiry Committee
and appear before the Committee as and when required.
Non-compliance will lead to ex-parte decision.”
Each one of the students was given paper and pen and asked to write down whatever he
had to say. The students uniformally denied having trespassed into the girls Hostel or having
misbehaved with them as alleged. They added that they were in their own Hostel at that time.
Before the students had been called in the afternoon, the Enquiry Committee had called 10
girls of the Hostel who were party to the complaint and their statements in writing had been
recorded. The Enquiry Committee also found that though there were many more students the
girls could identify only those four students by name. The girls belonged to the same college
and hence they had known these students. The statements of the girls had not been recorded in
the presence of the appellants as it was thought it was unwise to do so.
After making the necessary enquiry and considering the statements of the four students
who did not intimate that they wished to lead any evidence, the Committee came to the
unanimous conclusion that the three appellants and Upendra were four out of the students
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who had taken part in the raid that night. The Committee was of the view that the students
were guilty of gross misconduct and deserved deterrent punishment. They further
recommended that they may be expelled from the college for a minimum period of two
calendar years and also from the hostel. Acting on this report which was given on June 21,
1972, the Principal of the college issued the order: on June 24, 1972, in these terms:
“I have carefully perused your reply to the show-cause notice issued against you
and the report submitted by the Enquiry Committee consisting of Dr J. Sharan, Dr B.
B. P. Roy and Dr (Miss) M. Quadros.
You have been found guilty of the charges which are of very serious nature.
You are, therefore, expelled from this college for two academic sessions i.e. 1972-73
and 1973-74. You are further directed to vacate the hostel within 24 hours and report
compliance to the Hostel Superintendent.”
D.G PALEKAR, J. – 7. It was against this Order that the appellants and Upendra filed the
Writ Petition in the High Court. Their chief contention was that rules of natural justice had
not been followed before the Order was passed against them expelling them from the college.
They submitted that the enquiry, if any, had been held behind their back; the witnesses who
gave evidence against them were not examined in their presence; there was no opportunity to
cross-examine the witnesses with a view to test their veracity; that the Committee’s report
was not made available to them and for all these reasons the enquiry was vitiated and the
Order passed by the Principal acting on the report was illegal. The High Court held that rules
of natural justice were not inflexible and that in the circumstances and the facts of the case,
the requirements of natural justice had been satisfied. The Petition was, therefore, dismissed.
- The High Court was plainly right in holding that principles of natural justice are not
inflexible and may differ in different circumstances. This Court has pointed out in Union of
India v. P.K. Roy [AIR 1968 SC 850] that the doctrine of natural justice cannot be imprisoned
within strait-jacket of a rigid formula and its application depends upon several factors. In the
present case the complaint made to the Principal related to an extremely serious matter as it
involved not merely internal discipline but the safety of the girl students living in the Hostel
under the guardianship of the college authorities. These authorities were in loco parents to all
the students – male and female who were living in the Hostels and the responsibility towards
the young girl students was greater because their guardians had entrusted them to their care by
putting them in the Hostels attached to the college. The authorities could not possibly dismiss
the matter as of small consequence because if they did, they would have encouraged the male
student rowdies to increase their questionable activities which would, not only, have brought
a bad name to the college but would have compelled the parents of the girl students to
withdraw them from the Hostel and, perhaps, even stop their further education. The Principal
was, therefore, under an obligation to make a suitable enquiry and punish the miscreants. - But how to go about it was a delicate matter. The police could not be called in
because if an investigation was started the female students out of sheer fright and harm to
their reputation would not have co-operated with the police. Nor was an enquiry, as before a
regular tribunal, feasible because the girls would not have ventured to make their statements
in the presence of the miscreants because if they did, they would have most certainly exposed
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themselves to retaliation and harassment thereafter. The college authorities are in no position
to protect the girl students outside the college precincts. Therefore, the authorities had to
devise a just and reasonable plan of enquiry which, on the one hand, would not expose the
individual girls to harassment by the male students and, on the other, secure reasonable
opportunity to the accused to state their case. - Accordingly, an Enquiry Committee of three independent members of the staff was
appointed. There is no suggestion whatsoever that the members of the Committee were
anything but respectable and independent. The Committee called the girls privately and
recorded their statements. Thereafter the students named by them were called. The complaint
against them was explained to them. The written charge was handed over and they were asked
to state whatever they had to state in writing. The Committee was not satisfied with the
explanation given and thereafter made the report. - We think that under the circumstances of the case the requirements of natural justice
were fulfilled. The learned counsel for the respondents made available to us the report of the
Committee just to show how meticulous the members of the Committee were to see that no
injustice was done. We are informed that this report had also been made available to the
learned Judges of the High Court who heard the case and it further appears that the counsel
for the appellants before the High Court was also invited to have a look into the report, but he
refused to do so. There was no question about the incident. The only question was of identity.
The names had been specifically mentioned in the complaint and, not to leave anything to
chance, the Committee obtained photographs of the four delinquents and mixed them up with
20 other photographs of students. The girls by and large identified these four students from
the photographs. On the other hand, if as the appellants say, they were in their own Hostel at
the time it would not have been difficult for them to produce necessary evidence apart from
saying that they were innocent and they had not gone to the girls Hostel at all late at night.
There was no evidence in that behalf. The Committee on a careful consideration of the
material before them came to the conclusion that the three appellants and Upendra had taken
part in the night raid on the girls Hostel. The report was confidentially sent to the Principal.
The very reasons, for which the girls were not examined in the presence of the appellants,
prevailed on the authorities not to give a copy of the report to them. It would have been
unwise to do so. Taking all the circumstances into account it is not possible to say that rules
of natural justice had not been followed. In Board of Education v. Rice [1911 AC 179], Lord
Loreburn laid down that in disposing of a question, which was the subject of an appeal to it,
the Board of Education was under a duty to act in good faith, and to listen fairly to both sides,
inasmuch as that was a duty which lay on everyone who decided anything. He did not think
that the Board was bound to treat such a question as though it were a trial. The Board need
not examine witnesses. It could, he thought, obtain information in any way it thought best,
always giving a fair opportunity to those who were parties in the controversy to correct or
contradict any relevant statement prejudicial to their view. More recently in Russell v. Duke
of Norfolk (1949) 1 All ER 109, 118 Tucker, L.J. observed “There are, in my view, no words
which are of universal application to every kind of inquiry and every kind of domestic
tribunal.
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The requirements of natural justice must depend on the circumstances of the case, the
nature of the inquiry, the rules under which the tribunal is acting, the subject-matter that is
being dealt with, and so forth. Accordingly, I do not derive much assistance from the
definitions of natural justice which have been from time to time used, but whatever standard
is adopted, one essential is that the person accused should have a reasonable opportunity of
presenting his case”. More recently in Byrnee v. Kinematograph Renters Society Ltd. [(1968)
2 All ER 579], Harman, J., observed “What, then, are the requirements of natural justice in a
case of this kind? First, I think that the person accused should know the nature of the
accusation made-; secondly that he should be given an opportunity to state his case; and
thirdly, of course, that the tribunal should act in good faith. I do not think that there really is
anything more”. - Rules of natural justice cannot remain the same applying to all conditions. We know
of statutes in India like the Goonda Acts which permit evidence being collected behind the
back of the goonda and the goonda being merely asked to represent against the main charges
arising out of the evidence collected. Care is taken to see that the witnesses who gave
statements would not be identified. In such cases there is no question of the witnesses being
called and the goonda being given an opportunity to cross-examine the witnesses. The reason
is obvious. No witness will come forward to give evidence in the presence of the goonda.
However unsavoury the procedure may appear to a judicial mind, these are facts of life which
are to be faced. The girls who were molested that night would not have come forward to give
evidence in any regular enquiry and if a strict enquiry like the one conducted in a court of law
were to be imposed in such matters, the girls would have had to go under the constant fear of
molestation by the male students who were capable of such indecencies. Under the
circumstances the course followed by the Principal was a wise one. The Committee whose
integrity could not be impeached collected and shifted the evidence given by the girls.
Thereafter the students definitely named by the girls were informed about the complaint
against them and the charge. They were given an opportunity to state their case. We do not
think that the facts and circumstances of this case require anything more to be done. - There is no substance in the appeal which must be dismissed. The appeal is dismissed.
