SANJAY KUMAR IAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant-Shri Sanjay Kumar is a member of Indian Administrative Service of 1988 batch allocated to Punjab Cadre. He was nominated for appointment to a post on central deputation pursuant to the guidelines issued by the Department of Personnel and Training, Ministry of Public Grievances and Pensions dated 5.11.1998 (Annexure A-4). On coming to know that his name has been sent for empanelment for central deputation, the applicant made an application dated 23.7.2001 (Annexure A-5) to the Chief Secretary, Government of Punjab for withdrawal of his name on account of personal difficulties mentioned therein. THE Government of Punjab required the applicant vide letter dated 21.8.2001 (Annexure A-6) to explain his personal problems. THE applicant submitted a reply dated 22.8.2001 (Annexure A-7) and prayed that his name may be withdrawn from the list of officers nominated for central deputation. THE request of the applicant did not find favour and by letter dated 5.9.2001 (Annexure Rule II), the name of the applicant was approved for central deputation for appointment as Deputy Secretary in the Ministry of Home Affairs. New Delhi. This order remained un-complined with, and by the impugned order dated 12.12.2001 (Annexure A-1), the applicant was debarred from deputation for posting under the Central Staffing Scheme for a period of 5 years w.e.f. 5.9.2001. He was also debarred from being considered for any foreign training on foreign assignments/consultancies abroad during the period of debarment. THE communication sent by the Government of India on 12.12.2001 addressed to the Chief Secretary. Government of Punjab was conveyed to the applicant by Punjab Government letter dated 16.1.2002 (Annexure A-2).

(2.) By means of the present O.A., the applicant has challenged the order passed by the Central Government (Annexure A-1) and has prayed that it may be quashed. He has further prayed that Para 19.3(a) of the Central Staffing Scheme (Annexure A-3) and the provisions of the instructions dated 5.11.1998 to the extent they empower the respondents No. 1 and 2 to debar a candidate from being considered for any foreign assignment consultancies abroad for the period of debarment be struck down as being unconstitutional and against the principles of natural justice. A direction has also been sought for the Punjab Government to sent those officers on deputation to Government of India under Central Staffing Scheme who have never been sent on deputation so far.

(3.) HEARD Mr. A.K. Takkar, learned Counsel for the applicant, Mr. Mukesh Kaushik appearing for Respondents 1 and 3 and Mr, A.G. Masih appearing on behalf of the Respondent No. 2.