Supreme Court of India Grants Relief to Professor Terminated from KGMU

Background of the Case

New Delhi: The Supreme Court of India has recently provided relief to a professor from the Pediatric Surgery Department at King George’s Medical University (KGMU) in Lucknow, who faced termination despite an existing stay order. The Court noted that the professor’s dismissal breached an interim order issued by the Allahabad High Court.

Court Proceedings and Rulings

The Supreme Court set aside the Allahabad High Court’s order that had dismissed a contempt plea filed by the professor. The bench, consisting of Chief Justice BR Gavai and Justice K. Vinod Chandran, directed that the case be reconsidered. “We do not propose to enter into the rival contention. It is evident that once an interim order was in operation from 20th December 2018 and was being extended from time to time, the mere release of the matter on 6th February 2019 could not have constituted a valid ground for violating the order dated 20th December 2018,” the bench stated.

The Supreme Court quashed the judgment dated 23rd September 2024 issued by the Single Judge of the Allahabad High Court and remitted the matter back for fresh consideration of the contempt petition.

Professor’s Appointment and Disciplinary Actions

The professor was appointed as the Nodal Officer for implementing the Central Patient Management System (CPMS) at KGMU in 2010. In 2017, an audit report revealed irregularities, leading to the formation of a disciplinary committee. The professor challenged the preliminary enquiry report by filing a plea with the Allahabad High Court. Following a reserved judgment on November 16, 2018, the disciplinary committee continued its proceedings, prompting the professor to file a second plea.

On December 20, 2018, the Single Judge permitted the disciplinary proceedings to continue but explicitly directed that no final order should be issued until the earlier plea was resolved. Despite this, the first case was released from the single judge’s board on February 6, 2019, without a judgment. Meanwhile, the disciplinary committee submitted a chargesheet to the Executive Council, which was subsequently approved.

Subsequent Legal Challenges

The professor filed a third petition in response to the chargesheet and a fourth petition after his suspension in October 2019, which resulted in a stay of the suspension order. The KGMU then approached a division bench of the High Court, which ordered that all four petitions be heard together and upheld the previous interim protection.

However, on June 10, 2020, during the pendency of these proceedings, the University terminated the professor’s services after finding him guilty of the charges. He subsequently filed a contempt plea, arguing that the dismissal violated the December 2018 stay order. The High Court dismissed this plea, citing the existence of several related proceedings.

Supreme Court’s Final Observations

Challenging the High Court’s dismissal, the professor approached the Supreme Court. His counsel, Mr. Vishwajit Singh, argued that the release of W.P.(S/S) No. 29638 of 2018 did not imply that the interim order from December 20, 2018, was no longer in effect. The Supreme Court concurred, stating that the release of the matter could not serve as a valid justification for violating the order.

The Supreme Court allowed the appeal, remitting the case back to the High Court for reconsideration. The bench also suggested that the High Court might want to address any other connected matters together for effective adjudication.

To view the order, click on the link below:
Supreme Court Order

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