JOIN USSC upholds dismissal of ISRO scientist for unauthorised association with foreign country
The Supreme Court said dismissal of a senior scientist in the interest of security of the State cannot be said to be illegal or absolutely unwarranted if he remains absent unauthorisedly from duties in a strategic organisation like ISRO and associates with a foreign institution in a critical rocket technology.
A bench of Justices M R Shah and C T Ravikumar rejected an appeal by Dr V R Sanal Kumar against the Kerala High Court order of January 16, 2012, which had dismissed his plea against the decision of Central Administrative Tribunal, Ernakulam.
If the appellant's association with foreign institution is viewed suspiciously and thought that his further exposure to ISRO’s critical rocket technologies would create serious complications, it cannot be said to be bereft of substance and not a matter of concern in regard to the security of the State, the bench said.
The court further said there can be no doubt that the appellant has been working under ISRO since 1992, and he has gained sufficient experience on the subject.
"In such circumstances leaving for a foreign country without prior permission and continuing there for a considerable long period despite advice and instructions, the respondent organisation cannot be said to have committed a flaw or fault in entertaining suspicion on his honesty, integrity, reliability, dependability and trustworthiness and above all to treat such acts as a matter of concern in relation to the security of the State," the court added.
The bench also said the court cannot judge on the expediency or inexpediency to dispense with the inquiry as it was arrived at based on the subjective satisfaction of the President based on materials.
The appellant claimed he is a high-profile scientist with specialisation in rocket propulsion with proven credentials at par with NASA scientist. He further said that he is second to none in space programme and is having all potential to become the Chairman of ISRO and is the best suitable candidate for the post with immediate effect.
It was alleged the appellant joined Prof H D Kim, Head of School of Mechanical Engineering, Andong National University, South Korea, to as a post-doctoral trainee despite denial of permission from the competent authority here.
He had also published a technical paper as first author with a foreigner as one of the co-authors in the 39th American Institute of Aeronautics and Astronautics (AIAA) Joint Propulsion Conference, USA held during July, 2003, without obtaining specific approval.
Senior advocate Gopal Sankaranarayanan for the appellant contended he was dismissed without inquiry in the manner provided under the Central Civil Services Rules.
The dismissal order did not reflect the satisfaction of the President that in the interest of the security of the State, it is not expedient to hold an inquiry, he said.
On behalf of the Centre, advocate Shailesh Madiyal submitted that ISRO, being a strategically important organisation having sensitivity, especially from the angle of the security of the State, its employees are not allowed to go abroad and to take up assignments or research there, without permission.
The bench said, "We are of the considered view that the court cannot be an island and feign oblivion of the pivotal role of a scientist/engineer attached to ISRO and also the role of ISRO as the space agency of India. Obviously, it is involved in science, engineering and technology to harvest the benefits of outer space for India."