Case Note & Summary
The appellant, Sandeep Kumar, was appointed as Registrar of GB Pant Institute of Engineering and Technology on 2nd December 2019 on probation for one year, extendable by another year. He served satisfactorily for nearly two years. On 19th May 2022, his services were terminated by an order that stated the Board of Governors had not approved his selection in its 26th meeting held on 16th June 2018. The appellant challenged the termination before the Uttarakhand High Court, which dismissed his writ petition on the ground that he had suppressed the minutes of that Board meeting. The High Court held that non-disclosure of a vital document warranted dismissal. The appellant filed a review, which was also dismissed. In appeal, the Supreme Court examined the minutes of the 26th meeting, which the appellant placed on record. The minutes revealed that the Board had indeed approved the Selection Committee's recommendation appointing the appellant as Registrar, but had stayed the appointment pending an inquiry into complaints. Subsequently, a committee verified the appellant's qualifications and found them genuine, leading to the issuance of the appointment letter. The Supreme Court noted that the termination letter's assertion that the Board had not approved the selection was factually incorrect and contradicted by the minutes. The Court further observed that the termination was effected without any disciplinary enquiry or show cause notice, in gross violation of principles of natural justice. The High Court's dismissal on the hypertechnical ground of non-disclosure was erroneous, especially since the document supported the appellant's case. The Supreme Court quashed the termination order and the High Court's judgments, directing reinstatement of the appellant as Registrar with all consequential benefits, but without back wages.
Headnote
A) Service Law - Termination of Service - Principles of Natural Justice - Termination of a probationer without holding a disciplinary enquiry and without giving an opportunity of show cause is illegal and violative of principles of natural justice - The appellant was appointed as Registrar on probation for one year, which was extended by another year, and he completed nearly two years of satisfactory service - The termination order dated 19.05.2022 was passed without any enquiry or show cause notice, solely based on an erroneous observation that the Board of Governors had not approved the selection - Held that such termination is unsustainable in law (Paras 18-19). B) Constitutional Law - Writ Jurisdiction - Suppression of Material Facts - Dismissal of writ petition on the ground of non-disclosure of a document is hypertechnical when the document actually supports the petitioner's case - The High Court dismissed the writ petition because the appellant did not place on record the minutes of the 26th meeting of the Board of Governors dated 16.06.2018 - However, those minutes, when produced before the Supreme Court, showed that the Board had approved the selection of the appellant, subject to an inquiry - Held that the High Court erred in dismissing the petition on this ground (Paras 12-14, 19).
Issue of Consideration
Whether the termination of the appellant's services without holding a disciplinary enquiry and without giving an opportunity of hearing was legal and whether the High Court was justified in dismissing the writ petition on the ground of non-disclosure of minutes of the Board meeting.
Final Decision
Appeals allowed. Impugned judgments of High Court dated 04.08.2022 and 21.02.2023 quashed and set aside. Termination order dated 19.05.2022 declared illegal and quashed. Appellant directed to be reinstated as Registrar with all consequential benefits except back wages.
Law Points
- Principles of natural justice
- Termination without enquiry
- Probation period
- Suppression of material facts
- Equitable relief in writ jurisdiction
