The Madurai Bench of the Madras High Court has directed the Bharathidasan Institute of Management (BIM) in Tiruchy to reinstate Assistant Professor CNS Ramnath Babu, a member of the Scheduled Caste (SC) community, who was terminated after probation without due procedure.
The termination order was deemed stigmatic, prompting the court’s intervention, according to a report by The New Indian Express, on Wednesday, August 6.
What did the court observe?
Dismissing BIM’s appeal against a single judge’s order quashing the termination, Justices GR Swaminathan and K Rajasekar noted that while a probationer can be dismissed for unsatisfactory performance without an inquiry, a punitive or stigmatic termination requires adherence to natural justice principles through a proper inquiry. They stated, “BIM failed to do so in the case of professor, CNS Ramnath Babu, and has therefore violated his right to reputation and livelihood.”
Allegations of caste discrimination
The court highlighted that the professor had alleged caste discrimination at BIM. The judges said, “Managements should be more sensitive while assessing the performance of those who hail from the oppressed sections.”
They further observed, “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 marginalised background.”
Directives given
Rejecting BIM’s argument that the petition was not maintainable, the court upheld the single judge’s order and directed the institution to reinstate Professor CNS Ramnath Babu, with all associated benefits.
