16 April 2024 Education >> Miscellaneous   |   Dispute with employer >> Workplace/ Professional Related  

In a victory for employee rights, a recent court case has ordered the reinstatement of a university registrar who was dismissed from his position without due process. Mr. Lalta Prasad, formerly the Registrar of the G.B. Pant Institute of Engineering and Technology (G B Pant) in Ghaziabad, India, was fired in May 2022. However, a new judgement has exposed flaws in the termination process, leading to Prasad's return to his job.

The Institute's justification for firing Prasad hinged on two claims: that he lacked the necessary qualifications for the Registrar role and that his selection hadn't been formally approved by the Board of Governors. However, the court meticulously examined these accusations and found them to be baseless.

A committee specifically tasked with evaluating credentials confirmed that Prasad possessed the qualifications required for the Registrar position. Additionally, the court obtained and reviewed minutes from a Board of Governors meeting that demonstrably showed approval for Prasad's selection.

The most critical failing exposed by the court was the complete absence of due process during Prasad's termination. He was never presented with the accusations against him, nor was he offered an opportunity to defend himself. This fundamental breach of fair procedure, enshrined in the concept of natural justice, significantly undermined the Institute's case.

Considering the lack of evidence to support the accusations and the blatant disregard for proper protocol, the court deemed Prasad's termination unlawful. The judgement orders his reinstatement as Registrar, ensuring he receives any benefits he may have missed while unemployed.

While the court has secured Prasad's return to his position, the Institute retains the right to pursue disciplinary actions against him, following the proper legal channels this time around. This case serves as a stark reminder to employers of the importance of upholding fair and transparent procedures when taking disciplinary action against employees.