Bail Applicant Under Mandatory Obligation To Disclose Criminal Antecedents, Non-Disclosure Results In Erroneous Decisions: Andhra Pradesh High Court Judicial Decrees Cannot Be Set Aside By Administrative Orders After Decades; Long-Standing Revenue Entries Must Be Protected: Allahabad High Court 'Any Use Whatsoever' Includes Promotion & Events: Bombay High Court Restrains New Indian Express Group From Hosting Commercial Events Outside Southern States Reserved Category Candidates Who Qualify On Their Own Seniority Must Be Adjusted Against Unreserved Vacancies: Calcutta High Court Decree For Possession Can Be Passed If Landlord-Tenant Relationship & Termination Are Admitted; Unregistered Lease Is Month-To-Month: Delhi High Court Prosecution Against Co-Accused Not Sustainable When Main Accused Is Discharged On Same Facts: Jharkhand High Court Admission Of Handwriting On Account Statement Is Not Admission Of Its Contents; Corroborative Evidence Necessary To Prove Claim: Gujarat High Court Omission Of Label Defects In Food Inspector's Spot Memo Fatal To Prosecution For Misbranding: Himachal Pradesh High Court RBI Must Consult State Government, Not Just Registrar, To Supersede Co-operative Bank Board; Principles Of Natural Justice Excluded Under Section 36AAA: Kerala High Court Suit Filed Before IBC Proceedings Cannot Be Dismissed Under Order VII Rule 11 CPC; Section 96 Moratorium Only Stays Pending Actions: Calcutta High Court Senior Citizens Not Technologically Savvy Cannot Be Penalized For Not Checking Case Status On Court Website: Tripura High Court Telangana High Court Quashes Case Against CM Revanth Reddy Over 2019 Election Roadshow, Cites Bar Under Section 195 CrPC Maintenance Tribunal Orders Passed Without Mandated Three-Member Coram Are A Nullity: Punjab & Haryana High Court School Register Entry Regarding Date Of Birth Lacks Probative Value Unless Source Of Information Is Proved: Madhya Pradesh High Court Sets Aside POCSO Conviction Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court

Suspension Not Effective Without Vice-Chancellor’s Approval; Recovery of Overpaid Salary Set Aside: Delhi HC

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court emphasized that a faculty member’s suspension from a university position is not valid without the express approval of the Vice-Chancellor. The Court further clarified the illegality of recovering overpaid salary when such suspension is not formally in effect.

The case involved Dr. Amit Kumar, an Assistant Professor at Bharati College, University of Delhi. Following allegations of sexual harassment, he was placed on forced leave, leading to a compulsory retirement. An audit revealed an overpayment of Rs. 6,42,131 in salary, which the college sought to recover. The primary issues addressed were the legality of this recovery and the validity of Kumar’s suspension and entitlements.

Justice Chandra Dhari Singh examined the procedural aspects of Kumar’s suspension. The Court noted that while the Governing Body recommended the suspension, it lacked formal approval from the Vice-Chancellor at the time of the audit and recovery order. This lack of approval rendered the suspension and subsequent recovery of overpaid salary legally untenable.

Regarding salary and increments, the Court established that Kumar had duly received all his increments until his forced leave commenced in February 2018. Under UGC guidelines, entitlements like travel allowance or additional increments are not applicable during leave or suspension.

The Delhi High Court ruled that the order for recovery of the overpaid salary amounting to Rs. 6,42,131 was unjustified, as the suspension was not in effect at the time of payment. However, the Court denied the petitioner’s claim for additional increments.

Date of Decision: February 13, 2023

Dr. Amit Kumar vs Bharati College

Latest Legal News