In a recent landmark judgment, the Supreme Court of India ruled in favor of Sandeep Kumar, the petitioner, against GB Pant Institute of Engineering and Technology and others, the respondents. The case centered around the termination of Sandeep Kumar’s services as Registrar of the Institute, which was challenged through a writ petition under Article 226 of the Constitution. The High Court had dismissed his petition due to a technicality – the alleged non-disclosure of critical meeting minutes. However, the Supreme Court, upon careful review of the evidence, overturned this decision, declaring the termination illegal and ordering Sandeep Kumar’s immediate reinstatement as Registrar. This judgment underscores the importance of upholding principles of natural justice in employment matters.
Facts
- The appellant filed a Writ Petition under Article 226 of the Constitution of India against the termination of his services as the Registrar of G.B. Pant Institute of Engineering and Technology.
- The Writ Petition was dismissed by the Uttarakhand High Court on 4 August, 2022.
- The appellant then filed a review application against the dismissal of the Writ Petition.
- The review application was also dismissed by the High Court on 21 February, 2023.
- A caveat was marked regarding the appointment order of the appellant due to complaints about the candidature for the post of Registrar.
- The appellant met the eligibility criteria for the Registrar position, as opined.
- A letter seeking approval of the recommendation of the Selection Committee was issued to the Board of Governors.
- An appointment letter was issued on 2nd December 2019, and the appellant joined as Registrar.
- A committee was formed to scrutinize the appellant’s documents and qualifications, finding them genuine and in order.
Analysis
- The termination of the appellant from the post of Registrar was done without providing an opportunity to show cause or conducting disciplinary proceedings.
- The appellant was initially placed on probation for one year, extendable for another year if performance was unsatisfactory.
- The termination letter’s observation about performance was contradicted by the minutes of the meeting dated 16 June, 2018.
- Under clause (b), termination during probation could be done without reason by giving one month’s notice or pay in lieu.
- The Selection Committee’s recommendations for the appellant as Registrar were approved by the Board of Governors.
- The selection to the post of Registrar was not approved in the meeting dated 16 June, 2018.
- The appellant had satisfactorily worked on the post of Registrar for nearly two years, completing the probation period.
- The enquiry mentioned in the termination letter was about the appellant’s qualifications for the Registrar position.
- Termination of the appellant’s services without a disciplinary enquiry was unjustified.
- Violation of principles of natural justice in the termination process.
- The High Court’s dismissal of the writ petition was based on a hypertechnical ground.
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Decision
- The appellant’s termination as Registrar of the Institute on 19 May, 2022 is declared illegal and quashed.
- The appellant is entitled to all consequential benefits.
- The appellant is to be reinstated immediately on the post of Registrar of G.B. Pant Institute of Engineering and Technology, Ghurdauri.
- The Institute is allowed to conduct disciplinary proceedings against the appellant as per the law, if deemed necessary.
Case Title: SANDEEP KUMAR Vs. GB PANT INSTITUTE OF ENGINEERING AND TECHNOLOGY GHURDAURI (2024 INSC 309)
Case Number: C.A. No.-004989-004990 / 2024
