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SUPREME COURT OF INDIA
VIKRAMAJIT SEN, ABHAY MANOHAR SAPRE, JJ.
National Institute of Technology & Anr. – Appellants
VERSUS
Pannalal Choudhury & Anr. – Respondents
CIVIL APPEAL No. 5070 OF 2008
Decided On : 01-07-2015
(b) Words and Phrases – Ratification – Making valid of an act already done – “Ratihabitio mandato aequiparatur” meaning thereby “a subsequent ratification of an act is equivalent to a prior authority to perform such act” – ‘Ratification’ is approval by act, word, or conduct, which was improperly or unauthorisedly performed in the first instance – Ratification assumes an invalid act which is retrospectively validated (Para 35, 36, 39)
142 Mo 368 44 SW 242; (1973) 2 SCC 543; (2003) 4 SCC 239; (2006) 5 SCC 96 – Relied upon
(c) Service Law – Dismissal – Competent authority – Ratification – BOG competent to dismiss respondent – Principal and Secretary issuing the order of dismissal – Challenged as being incompetent – BOG involved at all stages of the proceedings – Action taken by Principal and Secretary ratified by BOG with retrospective effect – Amounts to have been passed by the BOG – Order of dismissal not invalid. (Para 40, 41)
Facts of the case:
The respondent, a Dy. Registrar/Registrar of the NIT (erstwhile REC) was proceeded against departmentally for financial and administrative irregularities and was dismissed.
Respondent challenged the order of dismissal before the High Court.
The writ petition was allowed and intra court appeal thereagainst was dismissed.
Finding of the Court:
The Principal and Secretary having been authorised by the BOG, he was competent to pass the impugned order.
Result: Appeal allowed.
JUDGMENT
Abhay Manohar Sapre, J.
1) This appeal is filed against the final judgment & order dated 17.11.2006 passed by the High Court of Gauhati in W.A. No. 106/2004.
2) In order to appreciate the issue involved in this appeal, which lies in a narrow compass, it is necessary to set out the relevant facts in brief infra.
3) The appellant is a reputed Technical Educational Institute in the country. It is known as "National Institute of Technology" (hereinafter referred to as “NIT”) at Silchar in the State of Assam. Till 28.06.2002, it was functioning as Regional Engineering College (hereinafter referred to as “REC”) in equal participation of State and Central Government. However, on and after 28.06.2002, it became fully owned Central Government Educational Institute under the exclusive control and supervision of Central Government and was accordingly named as NIT.
4) The respondent was originally appointed as Deputy Registrar (Accounts) on 17.07.1986 by the erstwhile REC in their Institute. After few years, the respondent, on being selected, was appointed as Registrar of the REC. However, he was asked to hold the post of Deputy Registrar (Accounts) till the said post was regularly filled up.
5) In the year 1994-95, it was noticed in the audit that while functioning as Registrar/Deputy Registrar(Accounts), the respondent had committed several serious financial as also administrative irregularities. The irregularities were related to the acts of insubordination, dereliction of duties while attending to the work of the Institute, suppression of facts from the higher authorities and misappropriation of Institution's funds thereby putting the Institute to suffer loss etc.
6) The Management of REC accordingly issued three show cause notices/charge sheets two on 24.10.1994 (Annexure-P-1collectively) and one on 01.02.1995 (Annexure P-3) to the respondent under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as “the Rules”). The details of the irregularities/misconduct committed by the respondent were enclosed with the charge sheets. The respondent was asked to file his written reply to the aforesaid charge sheets. He was also asked to inspect the relevant documents, if he so desired to do so.
7) The matter was accordingly placed in the 66th meeting of the Board of Governors (in short “BOG”) held on 07.12.1994 as agenda Item Nos. 7 (a) and 8 under the caption – “To receive a note of recent financial stalemate created by Shri Pannalal Choudhary, Registrar who was also holding the charge of Deputy Registrar (Accounts) and suggest remedial measures to avoid such situation in future” and second “To consider rectification of irregularities observed by A.G. Audit in the accounts of REC “Silchar”.
8) The BOG discussed the matter under reference in the said meeting and viewed the same as being serious because of nature of charges and the allegations made in support thereof. The BOG approved the action proposed, initiated and taken by the Principal & Secretary against the respondent so far and further directed to take next disciplinary step in consultation with the Chairman, BOG.
9) This led to constitution of an inquiry Committee consisting of three Members by the Management for holding a regular departmental inquiry into the charges leveled against the respondent. Out of three Members, one Dr. S.K. Das – Head of the Department of Humanities of REC Silchar was appointed as the Presiding Officer while Sri. R. Gupta, Head of the Department of Applied Mechanics and Sr. A.I. Laskar, Lecturer in the Department of Civil Engineering were the Members. Since the charges leveled against the respondent were serious in nature, the BOG, by order dated 17.02.1995 put the respondent under suspension pending departmental inquiry.
10) The Committee then issued notices to the respondent for his appearance on various dates such as 04.07.1995, 20.07.1995, 03.08.1995, 14.08.1995 and 27.12.1995 to participate in the inquiry but he fail
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