VidhiSangh

Supreme Court of India · 12/05/2023

DR. V. R. SANAL KUMAR versus UNION OF INDIA & ORS.

[2023] 5 S.C.R. 772 · 2023 INSC 526

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Summary

The Court upheld an ISRO scientist’s dismissal without inquiry under the security-of-State exception. His repeated unauthorised foreign research association and disregard of instructions supplied relevant material for the requisite satisfaction; the Court would not reassess its adequacy as an appellate authority. The earlier disciplinary inquiry did not invalidate the later security-based action. The Tribunal’s final protection against retrospective dismissal and recovery of subsistence allowance remained intact.

Issues

  1. Whether security-based dispensation with inquiry under Rule 16(iii) warranted judicial interference.
  2. Whether an earlier disciplinary inquiry prevented the later action without inquiry on security grounds.
  3. Whether dismissal, as distinct from dispensing with inquiry, was unsustainable.
  4. Whether the final removal of retrospective effect and subsistence-allowance recovery remained operative.

Provisions considered

Held

Result

Appeal dismissed without costs; dismissal from service upheld. Final protection limiting its effect to 11 August 2007 and preventing subsistence-allowance recovery remained undisturbed.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 772.