Removal From Service For Alleged Past Misconduct Is Unsustainable: Madras HC Orders Reinstatement Of Campus Director Of Indian Maritime University

The bench of Justice C Saravanan was considering the petition filed by the former director of the Indian Maritime University, Dr. P Vijayan against the order of the Executive Council of the Indian Maritime University, dismissing him from services and imposing penalty of Rs. Rs. 22,65,469.

The court held that there was no scope for either suspending the Mr. Vijayan or imposing the penalty under the provisions of Chapter VII - The Conduct of the Employees of the University Teaching and Non-Teaching Employees (Terms and Conditions of Service) Rules and therefore such suspension and imposition of penalty was unsustainable.

Background

Mr. Vijayan was formerly employed with the National Institute of Industrial Engineering (NITIE). He was later appointed as the Director of National Maritime Academy. In 2008, when National Maritime Academy got merged with Indian Maritime University (IMU), Mr Vijayan was appointed as the first Vice Chancellor of the IMU for a tenure of 3 years.

After the expiry of 3 years, he was appointed as the Director of the Indian Maritime University. Even after his appointment as the Director, he continued to avail the perks and facilities of Vice Chancellor which led to the issue of charge memos/initiation of disciplinary proceedings and culminated in the present petition.

He had also amassed wealth beyond his known source of income and had therefore made a voluntary declaration of income under the Voluntary Disclosure of Income Scheme, 1997 (VDIS) under Income Tax Act, 1961

Meanwhile, the CBI had also registered FIR in 2011 against the Mr. Vijayan for possession of assets disproportionate to his income. A Charge Sheet was also filed against the Mr. Vijayan on 23.09.2014

The Registrar of IMU in 2014 issued show cause notice to show how Mr Vijayan was entitled to enjoy the facilities afforded to the office of the Vice Chancellor which was properly replied.

Two Memorandum of Statement of Charges and Substance of Imputation of Charges were served upon Mr. Vijayan which were duly replied and additional documents were sought by Mr Vijayan which were not served on him. The Executive Council then passed the impugned order.

As per Section 49 of the Indian Maritime Act, 2008, an employee of the National Maritime Academy, the Indian Institute of Port Management, Kolkata and the National Ship Design and Research Centre Visakhapatnam had an option to continue on the same terms and conditions of service in the parent institutes till their retirement or opt for new conditions of the Indian Maritime University.

Sub Clause (ii) & (iii) to Section 49(a) of the Act make it clear that employees shall have option to join the University as per the service conditions of this University. The appointment of Mr. Vijayan as Director could have been for a period of three years as per Chapter III of the Indian Maritime University-University Teaching and Non-Teaching Employees (Terms and Conditions of Service) Rules.

The court held that the appointment of Mr. Vijayan as the First Vice Chancellor was not as an "employee" as defined in Section 2(m) of the Act. Mr. Vijayan's appointment was as an "officer" of the University. The appointment of Mr. Vijayan as the First Vice Chancellor on 20.11.2008 or its Director was not under Section 34 of the Act. The appointment of Mr. Vijayan as the First Vice-Chancellor by the President was in terms of the Sections 12, 28 & 29 of the Act read with Rule 2 of the Statute. Mr. Vijayan has also not signed any contract with the University on his appointment as the First Vice Chancellor. Likewise, when Mr. Vijayan was appointed as a Director of Indian Maritime University (IMU) on 18.11.2011, he was not appointed as an employee of Indian Maritime University (IMU).

As Mr. Vijayan had not opted under Section 49(ii) of the Act, on completion of three years, he would have demitted the office as per Indian Maritime University Teaching and Non-Teaching Employees (Terms and Conditions of Services) Rules.

The court also observed that there was nothing to suggest that the previous misadventure of Mr. Vijayan in 1997 which led to his opting to disclose income under Voluntary Disclosure Income Scheme, 1997 warranted any major or minor penalty under Chapter -VII of University Teaching and Non-Teaching Employees (Terms and Condition of Service) Rules. In fact, Mr. Vijayan also could not have been proceeded under chapter VII of University Teaching and Non-Teaching Employees (Terms and Condition of Service) Rules.

With regard to using of perks and privileges unauthorizedly, the court held that the same could not be recovered from Mr. Vijayan as he was not an "employee" of the university. The court observed as follows –

"A Director is an approved officer of the University. If the Mr. Vijayan was not entitled to additional perks at the end of tenure as a Vice Chancellor when he was appointed as the Campus Director of the Indian Maritime University (IMU), it was open for the Indian Maritime University to withdraw such facility from the Mr. Vijayan."

Thus there was no legal provision under Chapter VII - The Conduct of the Employees of the University Teaching and Non-Teaching Employees (Terms and Conditions of Service) Rules for suspension of Mr. Vijayan and imposition of penalty.

Case Title: Dr. P. Vijayan v. The Union Of India and Ors.

Case No: W.P No. 12768 and 12769 of 2018

Citation: 2022 LiveLaw (Mad) 147

Click here to read/download judgement