IMPORTANT POINTS
When an employee mandatorily stands deputed by operation of law, he has to join the new organisation and place of posting.
Borrowing department is competent to initiate disciplinary proceedings against an employee on deputation.

Headnote:(a) National Airport Authority Act, 1985 – Section 13(3) – Expression “shall be treated on deputation” – Provision mandatory – Every employee under the DGCA in connection with the functions of the Authority stood statutorily deputed – Deputation to continue till absorption in NAA – Neither DGCA nor NAA nor any employee having any say – Question of discretion/option to continue with NAA or repatriation to DGCA arising at the time of absorption – Appellant having been statutorily deputed to NAA was bound to join at his new posting at Varanasi – Not joining – Continued unauthorised absence – Not entitled to any relief (Para 15, 16)
       (b) Service law – Disciplinary proceeding – Appellant on deputation with NAA – NAA competent to initiate disciplinary proceedings against the appellant for his unauthorised absence. (Para 18)
       Facts of the case:
       The appellant was appointed as Assistant Aerodrome Officer with Director General Civil Aviation (“DGCA” for short) on 04.03.1974 and was promoted to the post of Aerodrome Officer in 1980. He was transferred to Leh by order dated 23.05.1985 but said transfer could not take place as proper accommodation was not available at Leh and the appellant continued to be stationed at Delhi.
       On 31.03.1986 the appellant had written to the DGCA stating that he would like to continue his services in the office of the DGCA. Immediately upon establishment of NAA, the appellant again wrote to the DGCA on 04.06.1986 stating that he did not wish to join NAA and his services be retained with the DGCA.
       The appellant was transferred to Civil Aerodrome, Varanasi and it was directed that he be relieved from his posting at Delhi and he must join the post at Varanasi.
       The appellant did not join the services at Varanasi and remained absent.
       Disciplinary proceeding was initiated against the appellant and during its pendency the services of the appellant were placed at the disposal of the DGCA.
       The appellant filed a writ petition which was allowed. LPA filed by NAA and DGCA were allowed. Review petitions filed by NAA, DGCA and the appellant were dismissed.
       On 02.08.2006 the Government of India, imposed the penalty of “dismissal from service” on the appellant.
       Finding of the Court:
       Appellant is not entitled to any relief.
       Result:
       Appeal dismissed.

Judgment

Uday Umesh Lalit, J.

1. Civil Appeal No.1434 of 2008 seeks to challenge the judgment and order dated 07.02.2006 passed by the High Court of Delhi in LPA Nos.21 of 1999 and 314 of 2000 as well as the order dated 02.06.2006 in Review Application No.209 of 2006 arising from said judgment and order dated 07.02.2006 in so far as LPA No.314 of 2000 was concerned. Civil Appeal No.1435 of 2008 seeks to challenge the order dated 05.05.2006 passed by the High Court of Delhi in Review Application No.161 of 2006 arising out of the judgment and order dated 07.02.2006 in so far as LPA No.21 of 1999 was concerned. Since both these appeals arise out of the same proceedings they are being dealt with and disposed of by this common judgment.

2. The appellant was appointed as Assistant Aerodrome Officer with Director General Civil Aviation (“DGCA” for short) on 04.03.1974 and was promoted to the post of Aerodrome Officer in 1980. He was transferred to Leh by order dated 23.05.1985 but said transfer could not take place as proper accommodation was not available at Leh and the appellant continued to be stationed at Delhi. In the year 1985, the National Airport Authority Act, 1985 (Act 64 of 1985) was enacted which came into operation w.e.f. 07.12.1985 (hereinafter referred to as the Act). The Act provided for establishment of an authority namely National Airport Authority (“NAA” for short) for the management of Aerodromes and Civil Enclaves whereat domestic Air Transport Services are operated or intended to be operated and for management of all communication stations and matters connected therewith. Section 13(3) of the Act which is relevant for our purposes is quoted hereunder :-

“13. Transfer of assets and liabilities of the Central Government to the Authority—

……………………………………

…………………………………..

(3) Every employee holding any office under the Director-General of Civil Aviation immediately before the commencement of this Act solely or mainly for or in connection with such affairs of the Directorate-General of Civil Aviation as are relevant to the functions of the Authority under this Act as may be determined by the Central Government shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the Authority had not been constituted and shall continue to do so until the Authority duly absorbs such employee in its regular service.

Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay the Central Government in respect of every such employee, such contribution towards his leave, salary, pension and gratuity as the Central Government may, by order, determine:

Provided further that any such employee, who has, in respect of the proposal of the Authority to absorb him in his regular service, intimated within such time as may be specified in this behalf by the Authority his intention of not becoming a regular employee of the Authority, shall not be absorbed by the Authority.”

3. The record indicates that NAA was established w.e.f. 01.06.1986 and the employees holding office under the DGCA as described in Section 13(3) of the Act were en masse sent on deputation to NAA. On 31.03.1986 the appellant had written to the DGCA stating that he would like to continue his services in the office of the DGCA. Immediately upon establishment of NAA, the appellant again wrote to the DGCA on 04.06.1986 stating that he did not wish to join NAA and his services be retained with the DGCA.

4. By order dated 11.07.1986 the appellant was transferred to Civil Aerodrome, Varanasi and it was directed that he be relieved from his posting at Delhi and he must join the post at Varanasi w.e.f. 15.7.1986. The appellant immediately wrote on 12.07.1986 to the Chairman, NAA and stated :-

“…… Moreover, I beg to draw

Click Here to Read the rest of this document

Judicial Analysis

SupremeToday

2015 Supreme(SC) 1035

IMPORTANT POINTSWhen an employee mandatorily stands deputed by operation of law, he has to join the new organisation and place of posting. Borrowing department is competent to initiate disciplinary proceedings against an employee on deputation.

Judicial Analysis

IMPORTANT POINTS
When an employee mandatorily stands deputed by operation of law, he has to join the new organisation and place of posting.
Borrowing department is competent to initiate disciplinary proceedings against an employee on deputation.