QUASHING OF PROFESSOR’S TERMINATION UPHOLDED BY SC

by | Sep 7, 2024

Headline  

The Supreme Court of India Upholds Kerala High Court’s Decision on Termination of Assistant Professor.

Summary  

The Supreme Court of India upheld the decision of Kerala High Court to quash the termination of TP Murali ,The Assistant Professor, who could not resume duties after Leave Without Allowance (LWA) due to COVID-19.

Key Facts  

  • Case Name: Kerala Agricultural University & UAnr. vs. TP Murali @ Murali Thavara Panen & Anr.
  • Case No.: Special Leave Petition (Civil) No. 20817 of 2022  
  • Name of Judges: Justice PS Narasimha and Justice Pankaj Mithal  
  • TP Murali,the assistant professor who had taken Leave Without Allowance (LWA)  for 20 years, was unable to resume duties due to health problems and COVID-19 restrictions.  
  • The Kerala Agricultural University ended TP Murali’s services without obeying the mandatory procedural requirement of recording prima facie satisfaction for disciplinary action, as per Rule 15(2)(a) of the Kerala Civil Services Rules, 1960.

Legal Insights  

The Supreme Court of India stressed that proper procedural requirements, like recording prima facie satisfaction before starting a disciplinary inquiry, must be fulfilled. The absence of such requirements rendered the termination invalid.

Impact  

The Supreme Court’s decision strengthens the need for adherence to prescribed disciplinary procedures and addresses exceptional situations affecting employees.

Why It Matters  

It makes sure that disciplinary actions against employees must follow legal procedures, protecting employees’ rights and encouraging fair treatment in the face of unforeseen challenges.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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