SC ratifies HC order on reinstating Aviation University official

Supreme Court, in a recent order, upheld the Allahabad High Court’s order on the administrative powers of Rajiv Gandhi National Aviation University in Amethi. The apex court on May 21, has passed a verdict in favour of the First Registrar Jitendra Singh, while upholding the operative directions of the Division Bench of Allahabad High Court.

The Bench clarified that Section 46(b) of the Act, which empowered the Visitor to appoint the First Registrar, had to be read with Section 16 of the General Clauses Act, 1897, under which the authority having power to appoint also possesses the power to terminate unless a contrary intention appears.

However, the Court declined to interfere with the operative relief granted to the First Registrar considering the expiry of his tenure and the prolonged litigation between the parties.

The Ministry of Civil Aviation terminated Jitendra Singh on January 8, 2020, citing allegations of insubordination and indiscipline, behind his back & without conducting any inquiry or issuing show cause. In September 2021, the High Court quashed the illegal Orders passed by the Ministry of Civil Aviation finding them “Stigmatic” & “Punitive” and ordered reinstatement with full consequential benefits. An appeal was filed before the Division Bench of the High Court, which upheld the Order of the Single Bench and terming it Illegal, and remitting the case to the University to pass fresh orders in 2 months.

In December 2021, Singh reinstated into the Service by the Hon’ble President of India as Visitor RGNAU. But on the same day, he was placed under suspending pending inquiry.  A hushed-up enquiry was conducted by MoCA (on 1 hour video conference) and again a termination order was passed with retrospective effect. In May 2024, the Allahabad High Court quashed the Ministry’s 2022 revised termination order. The High Court ruled that the Ministry of Civil Aviation has zero jurisdiction over disciplinary actions of University staff, and that the Visitor (President of India) has no role in such internal employee matters.