LAWS(CA)-2003-2-12

HARSH VARDHAN Vs. GOVT OF NCT OF DELHI

Decided On February 14, 2003

JUDGEMENT

(1.) THIS combined order seeks to dispose of the four O.As. all challenging the repatriation of the applicants, who were depuationists with Government of NCT of Delhi to their parent Organisations.

(2.) All the O.As. were heard together when Mr. Balraj Dewan, learned Counsel appeared for the applicants, Smt. Avnish Ahlawat with Shri Mohit Madan represented the respondents-Government of NCT of Delhi and Smt. B. Rana with Ms. Manu Lall represented the UPSC.

(3.) 1 O.A. 961-2002 - the present applicant (Shri Suresh Kumar Singla), who holds the Degree in M.Sc. (Forensic Science), was a Junior Research fellow in Punjab University, Patiala in 1977 and worked with various Organisations till June, 1977 when he joined CFSL, CBI, New Delhi as Senior Scientific Assistant (Serology). He was taken on deputation for the post of Senior Scientific Officer (Biology) by the FSL, Delhi on 18.5.1999. He was appointed on deputation for a period of one year with a stipulation that he will be repatriated at the end of that period. On 10.5.2000, he applied for absorption through the Department against the existing vacancies and on 20.11.2000, the Director, CFSL/CBI, New Delhi responded to Delhi Government's letter dated 28.7.2000 stating that they had no objection to his permanent absorption in FSL, New Delhi. On 5.9.2001, his case was also sent to UPSC for obtaining concurrence for his permanent absorption. On 29.10.2001, UPSC informed that the issue was under consideration, but on 2.10.2001, without waiting for, the results of selection to be conveyed by the UPSC, Government of Delhi repatriated him to his parent Organisation by the impugned non-speaking order. This was totally mala fide and called for interference by the Tribunal, pleads the applicant.