Sandeep Kumar vs. G.B. Pant Institute of Engineering and Technology, Ghurdauri (Supreme Court, 16 April 2024)
Background
Sandeep Kumar, appointed as Registrar of G.B. Pant Institute of Engineering and Technology, Ghurdauri, was terminated from service by the Institute in May 2022. The termination was issued without a disciplinary inquiry, citing alleged irregularities in his appointment and questions over his qualifications. Kumar challenged his dismissal before the Uttarakhand High Court, which dismissed his writ petition and review application, primarily on technical grounds, including the alleged non-production of the Board of Governors’ meeting minutes that approved his appointment57.
Key Issues
Whether Kumar’s termination without a disciplinary inquiry violated principles of natural justice.
Whether the High Court erred in dismissing Kumar’s writ petition on technicalities despite substantive evidence supporting his case.
Whether the Institute could justify termination based on alleged non-approval of his appointment by the Board of Governors, and suppression of facts by Kumar57.
Supreme Court’s Analysis
The Supreme Court found that the termination order was not preceded by any opportunity for Kumar to show cause or by any disciplinary proceedings, which is a clear violation of the principles of natural justice47. The Court scrutinized the minutes of the 26th Board of Governors’ meeting and found they did, in fact, support Kumar’s appointment, contradicting the Institute’s claim that his selection was never approved57.
The Court also rejected the respondent’s argument that Kumar had suppressed material facts, noting that the relevant minutes were ultimately produced and were favorable to Kumar’s position. The Court emphasized that even if there were questions about Kumar’s qualifications or the validity of his appointment, the Institute was still required to follow due process and provide Kumar an opportunity to defend himself45.
Judgment and Outcome
The Supreme Court set aside the Uttarakhand High Court’s judgments and declared Sandeep Kumar’s dismissal as Registrar unlawful, ordering his reinstatement with all consequential benefits567. The Court, however, allowed the Institute the liberty to initiate disciplinary proceedings against Kumar in accordance with law, should it so desire, thereby balancing the rights of the employee with the employer’s interests457.
Significance
This judgment reinforces the requirement for procedural fairness and adherence to natural justice in public employment matters, holding that even technical or procedural lapses by employees do not justify summary dismissal without due process. The ruling serves as a precedent for safeguarding employee rights against arbitrary termination and underscores the judiciary’s role in ensuring substantial justice over technicalities457.
Citation: Sandeep Kumar vs. G.B. Pant Institute of Engineering and Technology, Ghurdauri & Ors., Supreme Court of India, Civil Appeal No(s). of 2024 (arising out of SLP (C) No(s). 8788-8789 of 2023), Judgment dated 16 April 2024, 2024 INSC 309567.
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