SC reinstates DU Prof Chandra with pecuniary benefits

In a major setback to the University of Delhi (DU), the Supreme Court has directed immediate reinstatement of Professor Ramesh Chandra with all pecuniary benefits.

Ramesh Chandra who was professor at Department of Chemistry at DU, is a known academician and also the brain behind Dr Bhim Rao Ambedkar Center for Biomedical Research and former vice chancellor of Bundelkhand University, Jhansi. He has also been visiting scientist at Rockefeller University, Oxford University and several other institutes. He was also in race to become Vice Chancellor of DU.

In an order passed on February 6, the apex court has said “Ramesh Chandra stands reinstated to the post of professor. We allow 50 per cent of back wages (salary) to appellant (R Chandra) for the intervening period that is from the date of his disengagement till the date of this judgment. However, the aforesaid period shall be treated as ‘on duty’ for all purposes including seniority, increment, fixation of pay, retrial benefits etc. The University is directed to pay the appellant arrears within two months, failing which they shall be liable to pay interest at six per cent from the date of this judgment.”

The apex court’s direction came during the hearing of a plea by Chandra challenging the two office memorandums issued by the varsity and the show cause notice issued to him.

In regard with same case, the Supreme Court also directed the varsity not to appoint any retired Judge who was earlier on its panel, as an Inquiry Officer to probe any of its employees. 

A bench of Justices Sudhansu Jyoti Mukhopadhaya and C Nagappan said if such a retired Judge is engaged by the Disciplinary Authority of the University, the other party may allege bias against the Inquiry Officer and his reputation may be at stake. 

“In view of the law laid down by this Court, we are of the view that if any person who is or was a legal practitioner, including a retired Judge, is appointed as Inquiry Officer in an inquiry initiated against an employee, the denial of assistance of legal practitioner to the charged employee would be unfair,” the bench said.

The court further held that departmental inquiries conducted against Chandra by retired Judge were in violation of rules of natural justice and his removal from the post cannot be upheld.