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Ratnesh Kumar Choudhary v. Indira Gandhi Institute of Medical Sciences, Patna

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8662 of 2015)Decided 15 Oct 2015
Civil Appeal No. 8662 of 2015
Justice Dipak Misra · Justice Prafulla C. Pant

Background

The appellant applied for a Physiotherapist post at a government medical institute in Patna but was selected and appointed as Chest Therapist, a post requiring a different qualification. After a complaint, a vigilance inquiry found the appointment illegal and also recorded allegations about his conduct, and the Institute terminated his service in 2005 while he was still on probation. He was not given the vigilance documents and no regular inquiry was held.

Decision Breakdown

The Supreme Court allowed the appeal and reinstated him with 50% of his salary. A termination order for a probationer may be simple, but the Court held that it can be struck down if the real basis is misconduct established in an inquiry held behind the employee's back, because then the misconduct is the "foundation" of the decision rather than a mere "motive." Here the vigilance report and the counter-affidavit dealt with his behaviour and conduct, not just his qualifications, so the Division Bench was wrong to treat the matter as a simple qualification check. The Court therefore set aside the Division Bench judgment and restored the Single Judge's decision, though on different grounds.

Lesson Learnt

Calling a dismissal a "simple termination" does not protect an employer if the real reason is misconduct found in a secret inquiry. A person facing such a charge must be told the case against them and given a fair chance to respond.

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

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