VidhiSangh

Supreme Court of India · 28/01/2020

DR. VIJAYAKUMARAN C.P.V. versus CENTRAL UNIVERSITY OF KERALA & ORS.

[2020] 3 S.C.R. 374 · 2020 INSC 93

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that terminating a probationary professor on the foundation of an adverse sexual-harassment inquiry report was stigmatic and punitive, rather than termination for mere unsuitability. Reference to the report and Executive Council decision made their findings part of the termination’s substance. The Court ordered reinstatement while leaving backwages, suspension and further disciplinary inquiry to the University under the service rules; it did not exonerate the employee.

Issues

  1. Whether termination referring to an adverse Internal Complaints Committee report was simpliciter or stigmatic.
  2. What relief followed termination without the required regular service-rule inquiry.

Held

Result

Appeal partly succeeds; High Court judgments and termination order set aside and reinstatement directed. Backwages, suspension and departmental or regular inquiry left to the competent authority according to law. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 374.