MADURAI: The Madurai Bench of Madras High Court has directed Bharathidasan Institute of Management (BIM) in Tiruchy to reinstate an assistant professor from SC community, who was terminated from service after probation without following due procedure and passing termination order that showed stigma.
Dismissing an appeal filed by the institution against a single judge's order quashing the termination, a bench of justices GR Swaminathan and K Rajasekar observed that any probationer whose performance is not satisfactory can be shown the door by the management without holding any enquiry. But, if the termination order is going to be punitive or stigmatic, then the management should hold an inquiry to comply with the principles of natural justice, they added.
BIM failed to do so in the case of professor, CNS Ramnath Babu, and has therefore violated his right to reputation and livelihood, they added. Further noting that the professor who is from a Scheduled Caste had alleged caste discrimination in the institution, the judges said managements should be more sensitive while assessing the performance of those who hail from the oppressed sections.
"The case on hand is all about social disability. When the fundamental right under Article 21 is violated, the constitutional court cannot keep quiet. The status of the tormentor is irrelevant. Whether it is the State or an individual, the court has to rush to rescue the victim. This is all the more so because the victim hails from a marginalized background," they observed. Though the institution argued that the petition was not maintainable, the judges rejected the claim and directed the institution to reinstate the professor with all benefits.