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Supreme Court of India 2020-01-28 partly_allowed

Dr. Vijayakumaran C.P.V vs Central University of Kerala & Ors

Bench: 3 — A.M. Khanwilkar, Hemant Gupta, Dinesh Maheshwari

In Brief

Dr. Vijayakumaran, an Associate Professor on probation, was terminated following complaints of sexual misconduct by students and an investigation by the University's Internal Complaints Committee. He challenged the termination as legally improper. The Supreme Court held that although the termination order itself mentioned 'academic performance,' it was ex facie stigmatic because it referenced the misconduct inquiry report. Since all three legal tests for a punitive order were met (formal inquiry, misconduct allegations, finding of guilt), the termination violated service rules requiring a proper departmental inquiry. The Court set aside the termination and ordered reinstatement, but left the question of back wages to be determined by the University after conducting a fresh inquiry as per law.

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Labour and Service Law Sexual Harassment Higher Education Probation and Confirmation Procedural Due Process Termination of Service

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