Ex-Secretary of the Medical Council of India (MCI) Sangeeta Sharma's six-year-old legal battle has ended in victory with the Central Administrative Tribunal (CAT) ordering the top medical education regulator and the Union Health Ministry to reinstate her in the services from where she was dismissed in 2012 for serious corruption charges and her ineligibility for the post.
A Bench comprising CAT chairman Permod Kohli and member KN Shrivastava in a judgement pronounced on November 9, noted that the termination of the services of Sharma is totally "illegal, unwarranted and in gross violation of principles of natural justice."
Quashing the MCI order dated March 30, 2012, the tribunal has directed the regulator and the Ministry to re-induct Sharma as Secretary, MCI within a period of one month from the date of the receipt of the order. The tribunal also slapped MCI with a fine of Rs 50,000 as compensation to be paid to Sharma.
Controversies had surrounded Sharma's appointment soon after she joined the MCI in March 2011, with a probe initiated into her appointment on grounds that the same was in violation of rules as she did not fulfil the eligibility criteria and was also facing charges of corruption. Sharma's appointment was also made without seeking the approval of the Appointments Committee of the Cabinet (ACC).
Sharma's termination order came after Health Ministry gave its nod to MCI Board of Governors led by Chairman KK Talwar to sack her. Sharma challenged the MCI decision in the CAT.
The CAT, after going through the documents submitted by Sharma and the MCI, gave a clean chit to the former saying that "… it can be safely concluded that the services of the applicant (Sharma) have been terminated without any lawful and valid reasons and in a most arbitrary and perfunctory manner."
It further noted that "the order is violative of the fundamental rights of the applicant enshrined under Articles 14 and 16 of the Constitution of India, and is thus not sustainable in law."
Welcoming the CAT order, Sharma said, "ultimately justice has been delivered and truth has prevailed though late. But I am happy and satisfied with the judgment. Also, the CAT has upheld that there was no requirement of ACC approval for appointment to the post of Secretary, MCI. The tribunal has found that I meet the requisite eligibility criteria."
Sharma was upset that due to wrong decision by the MCI, her academic career was ruined by adverse media reports. I hope this judgement will do its bit in cleansing my image, she said.
She also said though, the MCI was her appointing authority, the Health Ministry cannot absolve itself totally as termination was issued on its advise after it was all along mislead by board of Governors headed by KK Talwar.