VidhiSangh

Supreme Court of India · 29/03/2022

JAI BHAVANI SHIKSHAN PRASARAK MANDAL versus RAMESH & ORS.

[2022] 17 S.C.R. 601 · 2022 INSC 358

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Summary

A Principal’s removal was set aside solely because the management President ceased to sit on the inquiry committee after falling ill. The Court found that the employee’s own pleadings acknowledged the replacement and contradicted the finding of an afterthought. It construed the special committee rule as addressing a Head who was also Chief Executive Officer and also applied necessity to the President’s illness. Removal was upheld, but monetary benefits granted under interim orders were protected against recovery.

Issues

  1. Whether the inquiry committee’s constitution invalidated removal where the President was replaced because of illness.
  2. Whether Rule 36(2)(b) applied to every institutional Head irrespective of Chief Executive Officer status.
  3. What consequential monetary protection was appropriate.

Provisions considered

Held

Result

Management’s appeal allowed; the High Court and Tribunal orders were reversed and removal upheld. Monetary benefits granted under interim orders, if any, were not to be recovered. No costs.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 601.