A disciplinary action for expulsion of a student for ever from the college — respondents were expelled for ever from the Chittagong Medical College by the Notification issued by the Principal of the college. This drastic action was taken following a tragic incident, at the doctors cafeteria of the Chittagong Medical College Hospital on 18.10.93. Some persons entered into the cafeteria with firearms and opened fire indiscriminately, as a result of which a doctor and two outsiders were killed and several doctors and students were seriously injured—the disciplinary committee held the respondents guilty for the occurrence and decided to expel them from the college for good. All the members of the committee and the Academic Council unanimously approved the decisions taken by the Disciplinary Committee—High Court Division held that the respondents having not been given any opportunity to show cause to explain the allegations made against them, there has been a violation of the principle of
natural justice in awarding the punishment of expulsion forever and as such the said punishment cannot be legally sustained—Held : We have considered the whole situation, particularly the concern of the college authorities to maintain congenial atmosphere in the college and hospital for which the impugned action was said to be taken. Even so, we have not been able to persuade ourselves to agree that the respondents have been fairly treated to the authority before imposing. So to say, a kind of death sentence as far as their educational career is concerned—we find no reason to interfere with the impugned judgment and order passed by the High Court Division.
M. College & Anr Vs. Shahrayar Murshed 4BLT (AD)-66.