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Supreme Court trashes appeal of former ISRO scientist against dismissal from service

Date:

New Delhi, May 14

The Supreme Court has junked a scientist’s plea challenging his dismissal from service by ISRO, saying the space agency was justified in suspecting his honesty and integrity on account of his unauthorised association with a South Korean institution involved in rocketry research, a strategic subject of his employer.

The apex court was hearing the special leave petition of V R Sanal Kumar, a former scientist at Vikram Sarabhai Space Centre (VSSC) of the Indian Space Research Organisation in Thiruvananthapuram against the order of his dismissal from service which was upheld by the Central Administrative Tribunal and the Kerala High Court.

Kumar, who had joined the ISRO in 1992, was dismissed with effect from September 1, 2003 under the Department of Space Employees’ (Classification, Control and Appeal) Rules for joining Andong National University, South Korea and assisting Prof H D Kim, Head of School of Mechanical Engineering, without permission from his employer.

Upholding the decisions of CAT and the Kerala High Court, a bench of justices M R Shah and C T Ravikumar said, “It is not the mere unauthorized absence of the appellant that actually weighed with the authority and evidently, the organization is perfectly justified in casting suspicion on the honesty, integrity, reliability, dependability and trustworthiness in view of the factual situation obtained in this case…

“….. besides entertaining the stand that his unauthorized association with foreign institution, especially in the area of propulsion, which is a strategic research and development subject in the organization and based on which the nation’s rocketry and ambitious launch vehicle programs are/were advancing, was a matter of concern for the security of the State.” It said when such conduct of a scientist in a sensitive and strategic organisation comes to light, then the decision to impose dismissal from service cannot be said to be “illegal or absolutely unwarranted.” It noted Kumar’s unauthorised association with a foreign institution in the area of propulsion–a strategic research and development subject in ISRO and based on which the nation’s rocketry and ambitious launch vehicle programs were advancing–was a matter of concern for the security of the state.

The bench said it did not find any reason to interfere with the high court’s judgment dismissing the challenge against the CATs order.

“The appeal, therefore, must fail and accordingly, it is dismissed, however, without any cost,” it said.

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