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2017 PHC 670

Ateeb Ali vs IM Sciences through its director etc

Citation2017 PHC 670
CourtPeshawar High Court
Case No.Writ Petition No. 2797-P/2017
Date2017-07-19
Judge(s)Qaiser Rashid Khan
Resultpetition Disposed Off

QAISER RASHID KHAN, J:- Through the petition in hand, the petitioner has called in question the office order No.IMSciences/STD/2017/1299, dated 19 June, 2017, whereby he has been rusticated from the respondent- Institute and a fine of Rs.10000/- has been imposed upon him.

2. As per brief facts gathered from the available record, the petitioner has been a regular student of Institute of Management Sciences since September , 2015 and on account of a mishap on 12.5.2017, when an insect was found in the food of the cafeteria of the Institute, the students protested on the social media and the petitioner also joined such students whereafter a show cause notice was issued to him for having posted defamatory remarks on the Facebook and finally the impugned order was passed, against which the petitioner has preferred the instant petition.

3. On 14.7.2017 when we took up this petition, we put the respondents No.1 & 2 on notice and that is how Mian Maabood Kakakhel, Coordinator , Institute of Management Sciences is before this court.

4. During the course of brief discussion, the Coordinator of the Institute stated that the impugned action was taken against the petitioner for using defamatory and derogatory language on the Facebook against the Institute but now that the matter is before this court, a lenient view would be taken by the respondent-Institute in the case of the petitioner .

5. We understand that the act of the petitioner in posting some defamatory material against the respondent- Institute on the Facebook is not a commendable one as in the case of any grievance, he should have brought the same in the notice of the Management of his Institute, rather than making it public on the social media and thereby bringing a bad name to his Alma Mater. However, presently the petitioner expresses his deep sorrow over the incident and tenders his unconditional apology to the Management of the Institute as he has already suffered immensely through the impugned order of his rustication from the Institute when otherwise he is a bright student. Mian Mabood Kakakhel, Coordinator of the Institute of Management Sciences, states that nowth that the petitioner has realized his mistake whereby he tenders his apology and also commits that in future he would not indulge in any such activity, then the respondent-Institute would take a lenient and parental view in the matter and on furnishing a written apology and an undertaking, they would withdraw his rustication order and would also reduce the fine amount.

6. In view of the aforesaid development whereby the petitioner is ready to submit a written apology as well as an undertaking before the respondent-Institu te, we direct the respondents to withdraw the impugned rustication order dated 19.6.2017 of the petitioner and allow him to continue his studies. The needful be done by tomorrow , so as to enable the petitioner to attend his classes without any further loss of time. This petition stands disposed of in the above terms.

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