PARTHA TAPASWI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE question to be considered in this OA is whether the applicant has a right of appointment to the post of Senior Public Prosecutor in the Central Bureau of Investigation (CBI) on the basis of his selection by the Union Public Service Commission (UPSC despite the fact that new Recruitment Rules have come into force.

(2.) The facts first. The applicant was initially appointed as Assistant Public Prosecutor under the Andaman and Nicobar Administration and he joined on 19.10.84. He was appointed as Public Prosecutor on deputation basis in the CBI w.e.f. 7.8.95 after his selection through the UPSC of a period of four years or until further orders. When the applicant was on deputation with the CBI, the Deptt. of Personnel and Training, Govt. of India issued a vacancy circular inviting applications for the post of Senior Public Prosecutor (Sr. PP) in the CBI on deputation basis or on transfer basis video Memo dated 7.9.98. The applicant having the requisite qualification and having fulfilled eligibility criteria, applied for the said post of Sr. PP through proper channel on transfer basis (permanent absorption) on 23.9.98. The CBI authorities obtained vigilance and Integrity clearance etc. From the A and N Administration video Memo dt. 22.10.98. The A and N Administration gave their "No Objection" certificate in favour of the applicant for appointment to the post of Sr. PP on transfer basis vide letter dt. 19.3.99. The applicant appeared before the UPSC on the date fixed for the purpose of interview and answered the questions put to him. In the meanwhile, the deputation period of the applicant to the CBI was also extended by his parent Deptt. i.e., A and N Administration.

(3.) IN the rejoinder, the applicant has reiterated the facts stated in the O.A. It has been stated that the new Recruitment Rules have been notified on 27.3.2001, but on the date the UPSC recommended his name for appointment as Sr. PP i.e., on 8.10.99, the old Recruitment Rules were applicable and the applicant has a right to get appointment on that basis.