President as visitor has powers to terminate services of first registrar: Supreme Court

New Delhi: The Supreme Court on Thursday ruled that the President, being the “visitor” of the Rajiv Gandhi National Aviation University, was competent to initiate disciplinary proceedings and terminate the services of the university’s first registrar.

A bench of Justices P S Narasimha and Alok Aradhe said, "In the facts and circumstances of the present case, the exercise of power by the Visitor appears to be just and proper.''

The court disagreed with the finding recorded by the division bench of the Allahabad High Court, which in its judgment on May 22, 2024 held that the visitor had no role in the disciplinary proceedings against the first registrar of the university.

"However, having regard to the peculiar facts and circumstances of the case, namely, the expiry of the period of appointment of the first registrar and the repeated rounds of litigation between the parties, we are not inclined to interfere with the operative directions issued by the High Court," the bench said.

In its judgment, the top court set aside the finding of the High Court that such action was without jurisdiction.

The court did not concur with the decision that had held that the visitor and the Ministry of Civil Aviation (MoCA) lacked jurisdiction to take disciplinary action against employees of the Rajiv Gandhi National Aviation University (RGNAU).

The case related to Jitendra Singh, the "first registrar" of RGNAU.

The bench said the present case stands on a distinct footing, as, "we are concerned with the First Registrar and not the Regular Registrar."

The court said that Section 46(b) of the Rajiv Gandhi National Aviation University Act, 2013 and Statute No.28(1) must, therefore, be read in the light of Section 16 of the General Clauses Act, 1897, which provided that where, by any Central Act or Regulation, a power to make appointment is conferred, then, unless a different intention appears, the authority having power to make appointment shall also have power to suspend or dismiss any person so appointed in exercise of that power.

The bench said the appointing authority necessarily possesses the power to terminate the services of the employee appointed by it.

Singh was appointed in 2019 under the transitional provisions of the RGNAU Act. His tenure was marked by intense litigation, and his services were initially terminated during his probation in 2020, leading to a series of legal challenges.

After a high court order labelled his initial termination ''stigmatic'', he was reinstated in December 2021, only to be suspended the same day pending a fresh inquiry.

As an enquiry committee report that proved charges of indiscipline and gross insubordination, the President of India, acting as the visitor, approved his termination in April 2022. The high court quashed this termination, ruling that the university's executive council, not the visitor or ministry officials, held disciplinary power over staff.