Summary
The Supreme Court held that the Visitor, having appointed the First Registrar of the Rajiv Gandhi National Aviation University under the transitional provision in Section 46(b) of the 2013 Act, was also competent to terminate his services for misconduct, reading Statute 28(1) with Section 16 of the General Clauses Act. It disagreed with the High Court's view that the Visitor had no role in the disciplinary action. Because the Registrar's term had expired and there had been repeated litigation, it did not disturb the High Court's operative directions.
Issues
- Whether the Visitor of the University was competent to take disciplinary action and terminate the services of the First Registrar appointed under Section 46(b) of the Rajiv Gandhi National Aviation University Act, 2013.
- Whether the High Court's operative directions, including back wages, should be interfered with.
Provisions considered
- Section 46(b), Rajiv Gandhi National Aviation University Act, 2013Under this transitional provision the Visitor appoints the first Registrar on the Vice-Chancellor's recommendation for a three-year term. The Court held that the power is exhausted once it is exercised, but that the Visitor is the appointing authority of the First Registrar. (¶¶ 21, 23, 25, 27)
- Sections 2, 9, 14 and 20, Rajiv Gandhi National Aviation University Act, 2013The Court read these provisions to note that the Executive Council appoints a regular Registrar and is the principal executive body, with the Steering Committee of MOCA acting as interim Executive Council until the first Council is formed, and that the President is the Visitor. (¶¶ 20, 24)
- Statute No. 28(1) and (2), Rajiv Gandhi National Aviation University, First Statute, 2016The Statute vests the power to suspend and remove non-academic employees for misconduct in the appointing authority. For a regular Registrar that is the Executive Council. For the First Registrar it is the Visitor, so the termination was held to be consistent with Statute 28(1). (¶¶ 22, 24, 27)
- Section 16, General Clauses Act, 1897Read with Section 46(b) and Statute 28(1), this provision means that, unless a different intention appears, the authority empowered to appoint may also suspend or dismiss the person appointed. (¶ 25)
Held
- Section 46 is a transitional provision. It is temporary in operation, and the power under Section 46(b) is exhausted once it is exercised by making the appointment. (¶ 23)
- For a regular Registrar, the Executive Council is the appointing authority and may remove the Registrar for misconduct under Statute 28. (¶ 24)
- For the First Registrar, Section 46(b) and Statute 28(1) must be read with Section 16 of the General Clauses Act. The Visitor, as appointing authority, therefore had power to terminate his services. (¶¶ 25, 27)
- The termination followed the remand, an enquiry on a memorandum of charges, and the Visitor's approval, and was consistent with Statute 28(1). The Court also noted that the First Registrar had not raised the Visitor's lack of authority in the earlier round of litigation. The High Court's finding that the Visitor had no role in the disciplinary proceedings was not accepted. (¶¶ 26, 27, 28)
- Since the First Registrar's term had expired and there had been repeated litigation, the Court declined to interfere with the High Court's operative directions. (¶ 29)
Result
Appeals disposed of; the High Court's finding that the Visitor lacked jurisdiction disapproved, but its operative directions left undisturbed; no order as to costs.