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Dr. Vijayakumaran C.P.V v. Central University of Kerala

Civil Appeal · 2020 INSC 93Decided 28 Jan 2020
Civil Appeal No. 777 of 2020
Justice A.M. Khanwilkar · Justice Hemant Gupta · Justice Dinesh Maheshwari

Background

Dr. Vijayakumaran, a probationary Associate Professor at the Central University of Kerala, faced multiple complaints of sexual harassment from students. An Internal Complaints Committee investigated under the relevant anti-harassment regulations and found the allegations credible. Relying on that report, the University's Executive Council terminated his services, framing the order as a simple finding that his "performance on probation was not suitable for confirmation." He challenged the termination as a disguised punishment issued without the formal disciplinary inquiry the law required, but the Kerala High Court (both single judge and division bench) treated it as an ordinary, non-stigmatic termination of a probationer and dismissed his challenge.

Decision Breakdown

The Supreme Court held that although the termination order's wording appeared neutral, it expressly rested on the Internal Complaints Committee's finding of serious misconduct, making it stigmatic in substance: such stigma can attach even through a document referenced in the order, not just its literal words. Since a full-scale inquiry had already culminated in a finding of guilt on allegations bordering on moral turpitude, but no separate formal disciplinary inquiry under the University's own service rules had been conducted before termination, the dismissal was illegal. The Court set aside the High Court's judgments and the termination order, directing the appellant's reinstatement, while leaving the question of back wages, and whether a fresh disciplinary inquiry should now be held, to the University's discretion.

Lesson Learnt

An employer cannot dress up what is effectively a punishment for proven misconduct as a routine "unsuitable for the job" termination of a probationer: if the termination relies on a misconduct finding, a proper disciplinary inquiry under the applicable service rules must be held first, or the termination risks being struck down as illegal.

Official source (sci.gov.in)View Judgment (PDF)

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