Termination of a Probationary Professor: Legal Implications and Employee Rights
The case of Dr. Vijayakumaran C.P.V. versus the Central University of Kerala & Ors. is a significant legal dispute concerning the termination of an academic staff member on probation. The core issue in this case was whether the termination was a simple discharge from service or a stigmatic and punitive dismissal that required a formal inquiry. The Supreme Court was called upon to determine whether the principles of natural justice had been violated.
Dr. Vijayakumaran was appointed as an Associate Professor in the Department of Hindi at the Central University of Kerala on a probationary basis. However, multiple complaints of misconduct, including sexual harassment, were lodged against him by students. The University, upon reviewing the Internal Complaints Committee (ICC) report and evaluating his academic performance, decided to terminate his services through an order dated November 30, 2017.
The termination order read:
“On scrutiny of the report by the Internal Complaints Committee, other documents, and academic performance, the Executive Council held on 30/11/2017 felt that the performance of Dr. C.P.V. Vijayakumaran on probation is not suitable for continuation and confirmation in this University and had resolved to terminate the services forthwith. It is ordered accordingly.”
Arguments by the Petitioner
Dr. Vijayakumaran contended that his termination was not merely a decision based on his unsuitability during probation but was actually punitive in nature. His counsel argued:
“The termination order, although framed as a simple discharge from probation, is actually based on serious allegations of misconduct. Such an action, which carries a stigma, cannot be taken without a formal inquiry.”
The petitioner pointed out that he had not been given an opportunity to defend himself in a departmental inquiry and that his termination was based on findings that were ex-facie stigmatic. He further emphasized that the termination had serious consequences on his career and reputation.
Arguments by the Respondents
The University defended its decision, stating that the petitioner was on probation and could be removed if found unsuitable. The University contended:
“The Executive Council had the authority to terminate the services of a probationary employee based on unsatisfactory performance, as per the contract terms. The decision was taken after due deliberation and was not punitive.”
The University further argued that the allegations against Dr. Vijayakumaran were substantiated through the Internal Complaints Committee (ICC) report, and his continued employment would harm the academic environment of the institution.
Supreme Court’s Analysis
The Supreme Court examined whether the termination was a mere discharge from service or an ex-facie stigmatic dismissal. It observed that the termination order explicitly referred to the ICC report, which contained findings of misconduct. The Court stated:
“The reference to the ICC report in the termination order suggests that the dismissal was not merely due to unsatisfactory probation performance. Such an order, when based on allegations of serious misconduct, necessitates a formal inquiry.”
The Court highlighted the legal principle that if a termination order references a report that contains allegations of misconduct, then the termination is stigmatic. It relied on precedents such as Dipti Prakash Banerjee vs. Satyendra Nath Bose National Centre, where it was held that a termination referencing a disciplinary report amounts to a punitive action.
Key Legal Precedents
- Indra Pal Gupta vs. Managing Committee: This case established that a termination order referring to a report containing allegations of misconduct is stigmatic and cannot be passed without a formal inquiry.
- Pavanendra Narayan Verma vs. Sanjay Gandhi PGI of Medical Sciences: The Court laid down a three-part test to determine whether a termination was punitive: (1) A full-scale formal inquiry was conducted, (2) It involved allegations of moral turpitude or misconduct, and (3) The inquiry resulted in a finding of guilt.
The Court found that all three conditions applied in Dr. Vijayakumaran’s case, making his termination stigmatic.
Judgment and Outcome
The Supreme Court ruled that the termination order was legally invalid due to its punitive nature and lack of a formal inquiry. The Court ordered:
“The termination being stigmatic requires a proper inquiry. The appellant shall be reinstated, but it is up to the University to proceed with disciplinary actions as per the service rules.”
The Court emphasized that an employer cannot dismiss an employee on probation on grounds of misconduct without a proper inquiry. It set aside the termination order and directed the University to reinstate Dr. Vijayakumaran.
Impact of the Judgment
The ruling reinforced the principle that probationary employees cannot be terminated in a manner that damages their reputation without following due process. The case is a reminder to universities and employers to strictly adhere to the principles of natural justice.
While the Supreme Court reinstated Dr. Vijayakumaran, it left open the question of back wages and further disciplinary action. The University was given the liberty to conduct a formal inquiry and take appropriate action under service rules.
This judgment sets a precedent in employment law, particularly in academic institutions, ensuring that termination orders do not bypass established legal procedures.
Petitioner Name: Dr. Vijayakumaran C.P.V..Respondent Name: Central University of Kerala & Ors..Judgment By: Justice A.M. Khanwilkar, Justice Hemant Gupta, Justice Dinesh Maheshwari.Place Of Incident: Kerala.Judgment Date: 28-01-2020.
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