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.
The bench also noted the submissions of Kumar,
according to which he was a high-profile scientist with a specialisation in
rocket propulsion with proven credentials at par with a NASA scientist.
He would further state that he is second to none in
the space programme and is having all potential to become the Chairman of ISRO
and is the best suitable candidate for the post with immediate effect, the
bench noted.
The top court said the facts of the case revealed
that Kumar, without permission from the competent authority, went to South
Korea and joined Andong National University, where he assisted a professor who
was the head of the school of mechanical engineering and continued his
association with the foreign institution involved in the research on rocketry.
It said Kumar was repeatedly advised not to have any
contact with any external agency, such as the university, without permission
from appropriate authorities in ISRO.
The further indisputable facts would reveal his
persistent dealings with that university ignoring such instructions, it said.
The top court said that taking into account Kumar's
expertise and the fact that he was working under ISRO since 1992, there cannot
be any doubt regarding his experience.
...in such circumstances leaving to a foreign
country without prior permission and continuing there for a considerable long
period despite advice and instructions to come back and continuing to associate
with such a foreign organisation or university researching on rocketry, ...ISRO
cannot be said to have committed a flaw or fault in entertaining suspicion on
his honesty, integrity, reliability, dependability and trustworthiness and
above all to treat such acts as a matter of concern in relation to the security
of the state, it said.