SAMBUDDHA CHAKRABARTI, J. - (1.) THE question that cropped up for consideration in this writ petition is of great import and has wide ramifications - can an order be passed against an employee even if he is a deputationist without instituting any disciplinary proceeding on the charge of violation of the financial rules of the government and whether any order of repatriation to the service of the lending organization be made on the allegation of violation of financial norms without issuing any show-cause or instituting any disciplinary proceeding. In order to appreciate complexities of the problem involved in the present case a brief resume of the facts is necessary.
(2.) THE petitioner was in the regular employment of the respondent no. 5, i.e., the Indian Institute of Management, working there as the Assistant Finance and Accounts Officer. Pursuant to an advertisement issued by the respondent no. 2, i.e., the Eastern Zonal Cultural Center, the petitioner applied for the post of Deputy Director (Finance). He was selected. On June 8, 2012 he joined the service of the respondent no. 2 for a period of two years. On March 13, 2013 the respondent no. 4, i.e., the Director of the said center had issued an order inter alia repatriating the petitioner from the service of the respondent no. 2 to the service of the respondent no. 5 on the finding that the petitioner had "consistently acted in fragrant violation of the standards of financial propriety " as prescribed in the Government of India, Ministry of Finance 's memo and had thereby displayed a serious propensities about defying rules and orders of the Government and the respondent no. 2. The petitioner was accordingly relieved of his duties with effect from March 12, 2013 with a direction to report to the Director of the respondent no. 5 forthwith.
(3.) THIS order has been challenged by the petitioner as ex facie bad and adversely affecting the petitioner in matters concerning his employment. The petitioner has asserted that this order, without instituting any disciplinary proceeding is arbitrary, illegal and mala fide.;