Supreme Court Upholds ISRO Scientist's Dismissal on National Security Grounds

The case of Dr. V.R. Sanal Kumar v. Union of India & Ors. revolves around the dismissal of a senior scientist from the Vikram Sarabhai Space Centre (VSSC) under the Indian Space Research Organisation (ISRO) on national security grounds. The Supreme Court was called upon to determine whether the termination of the appellant without an inquiry was justified under Clause (iii) of Rule 16 of the Department of Space Employees’ (Classification, Control, and Appeal) Rules, 1976.

This judgment is significant as it clarifies the scope of disciplinary actions in sensitive government organizations and affirms the government’s power to terminate employees in the interest of state security.

Background of the Case

The appellant, Dr. V.R. Sanal Kumar, was appointed as Scientist/Engineer ‘SC’ in ISRO’s Vikram Sarabhai Space Centre (VSSC) on January 15, 1992, and later promoted to Scientist/Engineer ‘SD’ on July 1, 1999. While employed, he developed expertise in solid rocket propulsion, a critical area of national security.

Key facts of the case:

On August 28, 2002, Dr. Kumar received an invitation from Prof. H.D. Kim, Head of the School of Mechanical Engineering, Andong National University, South Korea, for post-doctoral research.
On July 18, 2003, he applied for sabbatical leave to conduct research at the South Korean university.
The competent authority denied his request citing service exigencies and national interest.
Despite the denial, he took nine days of earned leave from August 21, 2003, to August 29, 2003, and traveled to South Korea.
On September 1, 2003, he informed ISRO through an email that he had reached South Korea to conduct post-doctoral research.
On September 5, 2003, ISRO rejected his leave application and ordered him to return by September 11, 2003.
He later applied for 89 days of leave from September 1, 2003, to November 28, 2003, but ISRO refused permission.
During this period, ISRO discovered that Dr. Kumar had co-authored a research paper with a foreign scientist and presented it at the 39th American Institute of Aeronautics and Astronautics (AIAA) Joint Propulsion Conference without official approval.
He returned to duty on January 23, 2004 but left for South Korea again in March 2004 without informing ISRO.
He was suspended from service on July 13, 2004, pending disciplinary action.
On August 11, 2007, he was dismissed from service with retrospective effect from September 1, 2003.

Petitioner’s Arguments

The appellant, represented by Senior Advocate Gopal Sankaranarayanan, contended:

The dismissal was illegal as he was not given an opportunity to defend himself through an inquiry.
His travel to South Korea was for academic purposes and did not endanger national security.
His research paper did not disclose sensitive ISRO data.
The retrospective effect of his dismissal was unjustified.
The Central Administrative Tribunal (CAT) and the High Court failed to exercise proper judicial review.

Respondent’s Arguments

The Union of India, represented by Advocate Shailesh Madiyal, countered:

The dismissal was based on Clause (iii) of Rule 16, which allows termination in the interest of national security without an inquiry.
The scientist engaged in unauthorized research and maintained foreign contacts despite repeated warnings.
His publication and collaborations could have compromised India’s missile technology.
His actions raised doubts about his integrity, reliability, and trustworthiness in a highly sensitive organization.

Supreme Court Judgment

The case was heard by Justice M.R. Shah and Justice C.T. Ravikumar. The Supreme Court upheld the dismissal.

1. National Security Justifies Exemption from Inquiry

The Court ruled that the government can terminate an employee without an inquiry if state security is at risk:

“Where the President is satisfied that in the interest of the security of the State, it is not expedient to hold an inquiry, such an inquiry may be dispensed with.”

2. ISRO Scientists Are Bound by Stricter Rules

The Court emphasized the sensitivity of ISRO’s work:

“ISRO, being a strategically important organization, has a responsibility to safeguard national security. Scientists cannot associate with foreign entities without permission.”

3. The Scientist’s Actions Created a Security Concern

The Court found that his unauthorized foreign collaborations and defiance of ISRO’s instructions warranted dismissal:

“His continued foreign contact and involvement in research related to national defense raised serious concerns about potential security breaches.”

4. Retrospective Dismissal Modified

The Court ruled that while the dismissal was justified, its retrospective effect from 2003 was improper. It affirmed that his termination would take effect from August 11, 2007.

Final Verdict

The Supreme Court ruled:

The appeal was dismissed.
The scientist’s dismissal was upheld.
The retrospective effect of the dismissal was removed.
The recovery of subsistence allowance was quashed.
Judicial review of national security dismissals is limited.

Conclusion

This judgment reinforces that in cases involving national security, the government has broad discretion to terminate employees without inquiry. It sets a precedent for maintaining the integrity of sensitive research institutions like ISRO.

Petitioner Name: Dr. V.R. Sanal Kumar.
Respondent Name: Union of India & Ors..
Judgment By: Justice M.R. Shah, Justice C.T. Ravikumar.
Place Of Incident: Thiruvananthapuram, Kerala.
Judgment Date: 12-05-2023.

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