Judgment

Arijit Pasayat, J.—Leave granted.

2. By the impugned judgment a Division Bench of the Delhi High Court held that the sanction granted by the Governing Body of All India Institute of Medical Sciences (in short the ‘AIIMS’) to proceed against respondent No. 1-employee was legally not sustainable. Accordingly the proceedings pursuant to the said sanction were quashed. The High Court was of the view that when the President who is the Chairman of the Governing Body had suggested that sanction was not to be granted, it was not open to the Governing Body to pass an order ­directing grant of sanction. The President had directed the matter to be placed before the Governing Body, it was incumbent upon the latter to examine that question alone and if a contrary view was to be taken, that was subject to passing of a reasoned order showing application of mind. Since that was not done, the order of the Governing Body was vulnerable and deserved to be nullified. Further the order of suspension, which was passed and was continued, was vacated on the ground that same was continuing for a long time without a review of the necessity for continuance thereof.

3. Since the pivotal question is w