Reinstatement Ordered: Supreme Court Quashes Termination of G.B. Pant Institute Registrar

The case of Sandeep Kumar vs. G.B. Pant Institute of Engineering and Technology & Others revolves around the wrongful termination of the appellant from the post of Registrar. The Supreme Court was tasked with deciding whether the termination order, issued without any disciplinary proceedings, was legal and if the High Court was correct in dismissing the appellant’s writ petition based on technical grounds.

Background of the Case

The appellant, Sandeep Kumar, was appointed as the Registrar of G.B. Pant Institute of Engineering and Technology on 2nd December 2019. His appointment letter stipulated a probation period of one year, extendable for another year if his performance was unsatisfactory. However, he served in the post for almost two years without any complaints or formal inquiries against him.

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On 19th May 2022, his services were terminated through a letter issued by the institute, citing an inquiry into his qualifications and a decision from the Board of Governors. The appellant filed a writ petition before the Uttarakhand High Court challenging the termination, but the High Court dismissed his plea on the technical ground that he had not placed the minutes of the 26th Board of Governors’ meeting on record.

Aggrieved by the decision, the appellant filed a review application, which was also dismissed by the High Court. Subsequently, he approached the Supreme Court seeking justice.

Arguments by the Petitioner (Sandeep Kumar)

• The appellant argued that his termination was arbitrary and violated the principles of natural justice since no disciplinary inquiry or show-cause notice was issued before the termination.
• He contended that the minutes of the 26th meeting of the Board of Governors (16th June 2018) actually supported his case, as they showed that his selection was approved by the Board.
• The High Court erred in dismissing the writ petition solely on technical grounds without considering the merits of the case.
• He had satisfactorily completed the probation period of two years, making his termination without any justification illegal.

Arguments by the Respondents (G.B. Pant Institute)

• The respondents argued that the appellant’s appointment itself was illegal as he allegedly did not meet the requisite qualifications.
• Since his appointment was improper, no formal inquiry was necessary before termination.
• The appellant had failed to disclose key documents (minutes of the Board meeting), which warranted dismissal of his writ petition.

Supreme Court’s Analysis and Judgment

The Supreme Court examined the facts and ruled that the termination order was unjustified. The key findings included:

• The minutes of the 26th Board of Governors’ meeting (16th June 2018) actually validated the appellant’s selection rather than proving any irregularity.
• The termination order was issued without any prior notice or opportunity for the appellant to defend himself, which was a gross violation of natural justice.
• “The termination of the services of the appellant without holding a disciplinary enquiry was totally unjustified and dehors the requirements of law and in gross violation of principles of natural justice.”
• The High Court erred in dismissing the writ petition solely based on non-disclosure of a document without considering its impact on the case.
• The termination order was, therefore, illegal and had to be quashed.

Supreme Court’s Order

The Court issued the following directions:

• The High Court’s judgments dated 4th August 2022 and 21st February 2023 were set aside.
• The termination order dated 19th May 2022 was declared illegal and quashed.
• The appellant was ordered to be reinstated as Registrar of G.B. Pant Institute with all consequential benefits.
• The institute was given liberty to conduct disciplinary proceedings against the appellant if required.

Conclusion

This judgment underscores the importance of due process in employment matters, particularly in cases involving termination. The Supreme Court reaffirmed that an employee cannot be dismissed arbitrarily without following proper disciplinary procedures and affording them an opportunity to be heard. The ruling serves as a significant precedent in service law, ensuring that institutions adhere to legal norms while taking employment-related decisions.

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Petitioner Name: Sandeep Kumar.
Respondent Name: G.B. Pant Institute of Engineering and Technology & Others.
Judgment By: Justice B.R. Gavai, Justice Sandeep Mehta.
Place Of Incident: Uttarakhand.
Judgment Date: 16-04-2024.

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