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

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