MADAN MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner is challenging the judgment dated 14.12.2009 rendered by Central Administrative Tribunal, Jodhpur Bench, Jodhpur passed in O.A. No.62/2009 whereby the learned Tribunal dismissed the Original Application filed by the petitioner against the order dated 28.1.2009 passed by Superintendent of Police (SPE), CBI, Jodhpur by which the petitioner was repatriated by the CBI to his parent department Western Railway.

(2.) Learned counsel appearing on behalf of the petitioner argued that the order of learned Tribunal is erroneous because conscious decision was taken by the screening committee of the CBI for absorption of the petitioner but as per directions of the Central Vigilance Committee, the impugned order has been passed. The petitioner is very much entitle for absorption in the CBI but on the basis of directions issued by Central Vigilance Committee the order impugned has been passed to sent petitioner back to his parent department, which is not in accordance with law. Learned counsel for the petitioner has invited our attention towards the judgment of Hon'ble Apex Court in case of Nagaraj Shivarao Karijagi Vs. Syndicate Bank Head Office, Manipal, reported in AIR 1991 SC 1507 in which Hon'ble Apex Court held that the Department competent authority cannot act under the dictation of Central Vigilance Commission or the Central Government so also it has been held that no third party like the Central Vigilance Commission or the Central Government could dictate the disciplinary authority or the appellate authority as to how they should exercise their power and what punishment they should impose on the delinquent officer.

(3.) We have considered the submissions made by learned counsel for the petitioner so also the impugned judgment.