UNION OF INDIA Vs. SHYAMA PRASAD CHATTOPADHYAY
LAWS(CAL)-2021-9-45
HIGH COURT OF CALCUTTA
Decided on September 07,2021

UNION OF INDIA Appellant
VERSUS
Shyama Prasad Chattopadhyay Respondents


Referred Judgements :-

UNION OF INDIA VS. H C GOEL [REFERRED TO]
TARA CHAND KHATRI VS. MUNICIPAL CORPORATION OF DELHI [REFERRED TO]
NAND KISHORE PRASAD VS. STATE OF BIHAR [REFERRED TO]
UNION OF INDIA VS. J AHMED [REFERRED TO]
UNION OF INDIA VS. J AHMED [REFERRED TO]
BHAGAT RAM VS. STATE OF HIMACHAL PRADESH [REFERRED TO]
RANJIT THAKUR VS. UNION OF INDIA [REFERRED TO]
H B GANDHI EXCISE AND TAXATION OFFICER CUM ASSESSING AUTHORITY KARNAL VS. GOPINATH AND SONS [REFERRED TO]
STATE OF PUNJAB VS. RAM SINGH EX CONSTABLE [REFERRED TO]
UNION OF INDIA VS. UPENDRA SINGH [REFERRED TO]
B C CHATURVEDI UNION OF INDIA VS. UNION OF INDIA [REFERRED TO]
STATE OF PUNJAB VS. INDER SINGH [REFERRED TO]
UMAPATI CHOUDHARY VS. STATE OF BIHAR [REFERRED TO]
OM KUMAR VS. UNION OF INDIA [REFERRED TO]
OM KUMAR VS. UNION OF INDIA [REFERRED TO]
STATE OF U P VS. RAJ PAL SINGH [REFERRED TO]
DIRECT GENERAL RPF VS. SAI BABU [REFERRED TO]
GOVERNMENT OF INDIA VS. GEORGE PHILIP [REFERRED TO]
MANAGEMENT OF COIMBATORE DISTRICT CENTRAL CO-OPERATIVE BANK VS. SECRETARY COIMBATORE DISTRICT CENTRAL CO OPERATIVE BANK EMPLOYEES ASSOCIATION [REFERRED TO]
MONI SHANKAR VS. UNION OF INDIA [REFERRED TO]
HINDALCO INDUSTRIES LTD VS. ASSOCIATION OF ENGINEERING WORKERS [REFERRED TO]
MANAGING DIRECTOR STATE BANK OF HYDERABAD VS. P KATA RAO [REFERRED TO]
STATE OF PUNJAB VS. P L SINGLA [REFERRED TO]
CHAIRMAN CUM MANAGING DIRECTOR COAL INDIA LIMITED VS. MUKUL KUMAR CHOUDHURI [REFERRED TO]
KRUSHNAKANT B PARMAR VS. UNION OF INDIA [REFERRED TO]
DEPUTY COMMISSIONER KVS VS. J.HUSSAIN [REFERRED TO]
COMMISSIONER OF POLICE VS. SAT NARAYAN KAUSHIK [REFERRED TO]
STATE OF UTTARAKHAND AND ORS VS. PREM RAM [REFERRED TO]
DEPUTY GENERAL MANAGER (APPELLATE AUTHORITY) VS. AJAI KUMAR SRIVASTAVA [REFERRED TO]


JUDGEMENT

SOUMEN SEN,J. - (1.)The writ petition is directed against the order passed by the Central Administrative Tribunal, Calcutta Bench on July 17, 2019, in connection with an original application filed by Shyama Prasad Chattopadhyay (hereinafter referred to as 'the Respondent') in which the Respondent had, inter alia, challenged the imposition of penalty of compulsory retirement and rejection of his appeal by the Appellate Authority.
Pithily put, the facts are thus:

Shri Shyama Prasad Chattopadhyay, the Respondent herein, was a Senior Audit Officer in the office of the Director-General of Audit, Central, Kolkata. The respondent while working, as such, had come across an advertisement in the website of the Asiatic Society inviting applications for the post of Controller of Finance on deputation. As he was interested in the said post, he made an application on September 9, 2013, to the Director General of Audit, Central under the Comptroller and Auditor General of India (in short 'CAG') requesting the said Authority to forward his name to the Asiatic Society on deputation. The competent Authority accepted the request for deputation, and his bio-data was accordingly forwarded by a letter dated September 24, 2013, to the Asiatic Society for consideration.

(2.)The Asiatic Society accepted the said application and the letter of appointment dated October 30, 2013 clearly states that the appointment was made on Foreign Service terms and conditions. The initial appointment to the said post was initially for one year which may be extended for such period as may be decided by the authority of the Society. The respondent was requested to join the post immediately within a fortnight from the date of receipt of the said letter.
Consequent upon the selection of the respondent to the post of Controller of Finance in the Asiatic Society, Calcutta, the Director General of Audit, Central, Kolkata on deputation basis, released the respondent from his office with effect from the afternoon on November 11, 2013. The period of deputation was initially for one year which may be extended and, thereafter the appointment was made on Foreign Service terms and conditions. The Respondent joined the Asiatic Society on November 11, 2013.

On completion of the period of deputation of one year, the Asiatic Society, Kolkata vide office order no.162 dated September 5, 2014, granted an extension of the deputation period of the Respondent up to the date of his retirement, i.e., on January 31, 2016. The said office order reads:

"Office Order No. 162 Dated.05.09.2014 The Council of the Asiatic Society, Kolkata in its meeting held on August 29, 2014 considered the letter (No. Admn./C/Deptn./CIR/11-12/Vol-II/1085 dated 6.8.2014) from Sr. Audit Officer, Administration, Indian Audit and Accounts Department, Office of the Director General of Audit, Central, Kolkata, regarding extension of term of deputation of Shri S.P. Chattopadhyay, Sr. Audit Officer, working as Controller of Finance in the Asiatic Society and approved the extension of his deputation in the Society from 11.11.2014 till his superannuation."(Emphasis supplied)

(3.)The said office order was also forwarded to Senior Audit Officer (Administration) Indian Audit and Accounts Department, Officer of the Director General of Audit, Kolkata. Prior to the aforesaid letter on August 6, 2014, the Senior Audit Officer of CAG issued a letter to the General Secretary, Asiatic Society regarding extension of the term of deputation of Shri Chattopadhyay requesting him to intimate if the service of the Respondent would be required in the Asiatic Society for a further term and in the event, the Society requires his service a proposal for further extension of his term on deputation could be sent to the CAG along with the willingness of the official concerned for necessary action.
This letter was an internal communication between two offices and was not marked to the Respondent.

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