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| Parent Deptt has exclusive discretion to accept or reject request of deputation: HC | | | EARLY TIMES REPORT
JAMMU, Oct 23: The Jammu & Kashmir High Court holds that the parent department has exclusive discretion to accept or reject a request of a deputation.
This significant judgment has been passed by Justice Sindhu Sharma in a petition filed by Talvir Singh who challenged order of his repatriation to his parent department dated 13.07.2021 and also the order No. 254/2021 dated 14.07.2021 directing him to report for further duties to Director General, BSF, New Delhi. He is aggrieved of these orders on the ground that the same are in violation of Articles 14 and 16 of the Constitution of India.
The petitioner also submits that he has rendered outstanding service for more than 8 years with the respondent-CBI and has also cleared the Personal Assessment Test for his permanent absorption. He, accordingly, applied for extension of his deputation to the concerned authorities for which NOC was given by the parent department and a recommendation was also made in his favour. According to him, the respondent-CBI has not adopted uniform criteria for absorption of all the eligible persons in their organization.
It is also submitted that the petitioner continued working with the CBI even after the expiry of his tenure on 24.08.2018, therefore, had a legitimate expectation of his absorption in CBI.
Justice Sindhu Sharma after hearing Adv Rajesh Bhushan for the petitioner whereas ASGI Vishal Sharma for the Union of India observed that a requisition made by the borrowing Organization/Department or willingness tendered by a person for absorption, will not automatically confer any right on an individual or the borrowing department to claim absorption as a matter of right. The discretion to accept or reject, a request for absorption will be exclusively with the parent CAPF or the cadre controlling authority, i.e, Ministry of Home Affairs as the case may be. In the case of Subordinate Officers and Other Ranks, the proposals for absorption shall be decided by the Director General of the CAPF concerned in consultation with Ministry of Home Affairs.”
Court further said that the policy guidelines in paragraph 19 also provide that any personnel aggrieved by rejection of permanent absorption in the force can prefer a representation immediately to their parent cadre organization.
While dismissing the petition, Justice Sindhu Sharma observed that from the perusal of policy guidelines, it is clear that the discretion to accept or reject a request for cadre controlling authority will exclusively be with the parent department i.e. CAPF or Cadre Controlling Authority i.e Ministry of Home Affairs. The Cadre Controlling Authority after considering all aspects conveyed its refusal of NOCs for 69 Constables and directed the respondents to repatriate and relieve them. (JNF) |
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