Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Department of Space Employees (Classification Control and Appeal) Rules 1976 – r. 16(iii) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Department of Space Employees (Classification, Control and Appeal) Rules, 1976 – r. 16(iii) – Special procedure in certain cases – Dismissal from service without holding any inquiry in the interest of the security of the State, invoking power u/r. 16 (iii) – Interference with – Appellant, high profile scientist in Indian Space Research Organisation-ISRO – Disciplinary proceedings against the appellant, alleging unauthorized absence from the country for taking post-doctoral research without permission and publication of a technical paper in the Conference in USA as first author with a foreigner as one of the co-authors, without prior permission or approval from the competent authority – Dismissed from service from the date of absence – However, the tribunal held that the dismissal of the appellant was with effect from the date of the dismissal order, and quashed the order related to recovery of subsistence allowance – Upheld by the High Court – On appeal, held: When material capable of arriving at a satisfaction that it is not expedient to hold an inquiry “in the interest of the security of the State” are available, the decision in holding that it is inexpedient “in the interest of the security of the State” to hold an inquiry warrants no further scrutiny, rather, it is not fit to be subjected to further judicial review – Having regard to appellant’s role as high profile scientist in ISRO and the role of ISRO as the space agency of India, the appellant’s unauthorized absence, unauthorized association and persistent dealings with foreign institution especially in the strategic research and development subject based on which nation’s rocketry and ambitious programs are/were advancing, was a matter of concern for the security of the State – Respondent organisation cannot be said to have committed a flaw or fault in entertaining suspicion on his honesty, integrity, reliability, dependability and trustworthiness – Dismissal from the service cannot be said to be illegal or absolutely unwarranted – Thus, interference u/Art. 136 not called for – Judicial review – Constitution of India – Arts. 311(2), 136. |
Judge | Hon'ble Mr. Justice C.T. Ravikumar |
Neutral Citation | 2023 INSC 526 |
Petitioner | Dr. V. R. Sanal Kumar |
Respondent | Union Of India & Ors. |
SCR | [2023] 5 S.C.R. 772 |
Judgement Date | 2023-05-12 |
Case Number | 6301 |
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