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Dr.A.Chellamani vs Manonmaniam Sundaranar University on 24 January, 2017 cites

Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997

Thereafter, the petitioner had submitted a detailed explanation, to the charge memorandum, on 25.06.2012. He had requested the second respondent to hold the enquiry outside the University Campus and it was rejected by saying that it would be held on 09.07.2012 within the University Campus. Again on 01.08.2012 the petitioner had sent another representation and again on 06.09.2012 the petitioner had given yet another representation praying for reconstitution of Enquiry Committee by including a male member and for a de-nova enquiry on the charge-memo dated 16.05.2012. Since the Enquiry Committee, according to the petitioner, constituted by the respondent University in consisting only female members and there is no male member, the said constitution itself is against the law laid down by the Hon'ble Apex Court in Vishaka & others V. State of Rajasthan & others reported in 1997 (7) SC 323 and therefore the Committee has to be reconstituted by including a male member. Since the request has not been accepted and the Enquiry Committee has proceeded with the enquiry and in fact seems to have completed the same, the petitioner has approached this Court for de-nova enquiry as prayed herein.
Supreme Court of India Cites 20 - Cited by 569 - Full Document

Jaswant Singh Gill vs M/S. Bharat Coking Coal Ltd. & Ors on 10 November, 2006

The learned counsel appearing for the petitioner also would rely upon another judgment reported in (2007) 1 SCC 663 in the matter of Jaswant Singh Gill v. Bharat Coking Coal Ltd., for the very same proposition. Therefore, the learned counsel for the petitioner would contend that the prayer sought for herein for de-nova enquiry may be allowed in the interest of justice.
Supreme Court of India Cites 19 - Cited by 157 - S B Sinha - Full Document

Hira Nath Mishra And Ors. vs The Principal, Rajendra Medical ... on 4 April, 1973

In order to substantiate his contention, the learned counsel appearing for the petitioner would rely upon the judgment of the Hon'ble Apex Court reported in 1973 II LLJ 111 in the matter of Hira Nath Misra v. Principal, Rajendra Medical College, Ranchi and another. The learned counsel would heavily rely upon paragraph 8, 11 and 12 of the said judgment and the relevant portions of the said paragraphs are reproduced herein:
Supreme Court of India Cites 1 - Cited by 147 - D G Palekar - Full Document

Union Of India & Anr vs P.K. Roy & Ors on 9 November, 1967

?8.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, (1968) 2 S.C.R. 186 at page 202, that the doctrine of natural justice cannot be imprisoned within the 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 parentis 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 should 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.
Supreme Court of India Cites 16 - Cited by 293 - V Ramaswami - Full Document

The Chairman, Navodaya Vidyalaya ... vs Dr. T. Murugesan, The Deputy ... on 13 June, 2008

11.In order to further substantiate the said contention, the learned Standing Counsel for the first respondent would also rely upon the Division Bench judgment of this Court reported in (2008) 5 MLJ 261 in the matter of Chairman, Navodaya Vidhalaya Samiti v. Dr.T.Murugesan and others, wherein the ratio decidendi is that when the teacher who is a member of the noble teaching profession is alleged with immoral behaviours with one of his girl student, the question arose for consideration was whether he is entitled to a full-fledged enquiry as demanded by him or a summary enquiry is sufficient, and it was answered that even a smell is enough to come to a conclusion.
Madras High Court Cites 10 - Cited by 5 - K Chandru - Full Document
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