JUDGMENT

Dipak Misra, J.

In this appeal, by special leave, the justifiability and soundness of the judgment and order dated 18.5.2006 passed by the High Court of Jharkhand at Ranchi in W.P. (Service) No. 6106 of 2005 whereby the Division Bench of the High Court has overturned the order passed by the Central Administrative Tribunal (‘tribunal’ for short), Circuit Bench at Ranchi in O.A. NO. 215 of 2005, is called in question.

2. Shorn of unnecessary details, the facts which are requisite to be stated are that the 1st respondent was working as a Scientist E-II in the Central Mining Research Institute (Council of Scientific and Industrial Research). On 29.07.2003, he was appointed on deputation to the post of Controller General of Patents, Designs and Trade Marks (for short, ‘CGPDTM’). After serving there for one year, by order F.No. 8/52/2001-PP&C dated 31.8.2004, he was repatriated to his parent department. The said order was challenged before the tribunal contending, inter alia, that he could not have been pre-maturely repatriated to his parent department and there had been a violation of the principle of audi altram partem. The said stand of the 1st respondent was contested by the