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Vice Chancellor, Rajiv Gandhi National Aviation University v. Jitendra Singh & Ors.

Civil Appeal · 2026 INSC 520Decided 21 May 2026
C.A. No.-008054-008054 - 2026
Justice Pamidighantam Sri Narasimha · Justice Alok Aradhe

Background

Jitendra Singh was appointed as the first Registrar of Rajiv Gandhi National Aviation University in 2019 on probation, with the President of India (as Visitor of the University) having approved the appointment. His services were terminated during probation, leading to years of litigation in which courts found the termination order improperly "stigmatic" and ordered the University to proceed afresh through a proper disciplinary process. After reinstatement, he was suspended, chargesheeted, and an enquiry committee found him guilty of indiscipline and insubordination; the Visitor then approved his termination in 2022. The Allahabad High Court's Division Bench set aside this termination, holding the Visitor had no role in the disciplinary proceedings, prompting the University's appeal to the Supreme Court.

Decision Breakdown

The Supreme Court disagreed with the High Court's finding that the Visitor lacked authority, holding that under Section 16 of the General Clauses Act, 1897 and the University's own Statute No. 28(1), the authority that appoints an employee also has the power to suspend or terminate them, and since the Visitor had approved the First Registrar's original appointment, the Visitor was validly the appointing (and therefore removing) authority. The Court found the Visitor's exercise of power to terminate was "just and proper" on the facts. However, given the peculiar circumstances: the First Registrar's fixed three-year tenure had already expired by the time of this decision, and the parties had already gone through multiple rounds of litigation. The Court declined to disturb the High Court's operative directions (i.e., it did not overturn the practical relief granted to the First Registrar), and simply disposed of the appeals on this basis with no order as to costs.

Lesson Learnt

The authority legally empowered to appoint an employee ordinarily also holds the power to discipline or remove them (unless the governing law says otherwise), but even where an institution wins on this legal point, courts may still decline to reopen settled practical outcomes when a case has already been through prolonged, repeated litigation and the underlying facts (like an expired tenure) have overtaken the dispute.

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

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