Chittagong University Act, 1973

 

 

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 tjie 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 for ever 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. [Paras-26 & 29]

M. College & Anr Vs. Shahrayar Murshed 4 BLT (AD)-66.

Chittagong University Act, 1973

 

Chittagong University Act, 1973

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.