Supreme Court dismisses the petition of former ISRO scientist challenging service dismissal

On May 15, 2023, the Supreme Court of India was hearing the special leave petition of  VR Sanal Kumar, a former scientist at Vikram Sarabhai Space Centre (VSSC) of the Indian Space Research Organization in Thiruvananthapuram. The petition was filed challenging his dismissal from service by ISRO alleging that the space agency was justified in suspecting his honesty and integrity on the basis of his unauthorized association with a South Korean institution involved in rocketry research. The bench hearing the case constituting Justice MR Shah and Justice CT Ravikumar dismissed the scientist’s plea. While rejecting the plea, the bench said, “...in such circumstances leaving to a foreign country without prior permission and continuing there for a considerable long period despite advice and instructions to come back and continuing to associate with such a foreign organization or university researching on rocketry,...ISRO cannot be said to have committed a flaw or fault in entertaining suspicion on his honesty, integrity, reliability, dependability and trustworthiness and above all to treat such acts as a matter of concern in relation to the security of the state.” The bench also mentioned that “It cannot be said to be bereft of substance and not a matter of concern in regard to the security of the state.”

In this case, the petitioner in Writ Petition, who was unsuccessful in his challenge against the order of his dismissal from service without inquiry in the interest of the security of the State, filed the appeal by Special Leave against the judgment passed thereon, by the  High Court. According to the impugned judgment, the High Court dismissed the challenge against the order. The appellant was initially appointed as Scientist/Engineer ‘SC’ in Group-A in Vikram Sarabhai Space Centre, Thiruvananthapuram of the Indian Space Research Organisation, he was promoted as Scientist/Engineer ‘SD’. While so, the appellant was invited by Prof. H.D. Kim, Head of School of Mechanical Engineering, Andong National University, South Korea, to join as a post-doctoral trainee. The professor also asked to assist him for one year, recognizing the appellant as a well-known expert on the starting and transient flows in Solid Rocket Motors. The appellant applied for sabbatical leave for one year which was not approved, however, he went to South Korea.  

Through an email on 5 September 2003, Dr. VR Sanal Kumar was informed that his leave was not sanctioned and he had to report for duty before 11 September 2003. Meanwhiles, ISRO came to know that a technical paper was published by Dr. Kumar as the first author with a foreigner as a co-author in the 39th American Institute of Aeronautics and Astronautics Joint Propulsion Conference held in the USA in July 2003. For the unauthorized publication of papers, disciplinary action was initiated against him. During the hearing today, the Supreme Court referred to the acts and omissions on the part of the appellant having regard to his role as a scientist/engineer in ISRO and the role of ISRO as the space agency of India. The top Court does not find any reason to hold that the judgment of the High Court, dismissing the challenge  against the order of the Tribunal warrants any kind of interference in the exercise of the power under Article 136 of the Constitution of India. Justice Ravikumar also mentioned that “When such acts/conduct occur/occurs from a scientist in a sensitive and strategic organization, the decision to impose dismissal from service cannot be said to be illegal or absolutely unwarranted.” Therefore, the bench dismissed the appeal without any cost.