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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Ram Ratan Sharma – Appellant
Versus
Union of India – Respondent
W.P.(C) 5104 of 2023 & CM APPL. 19974 of 2023
Decided On : 21-04-2023
Deputation - Ministry of External Affairs - The court dismissed the petition seeking quashing of orders and directions to complete tenured deputation, citing relevant OM and finding no illegality in the respondents' order.
Fact of the Case:
The petitioner sought to quash impugned orders and directions to complete their tenured deputation with the Ministry of External Affairs.
Finding of the Court:
The court found no illegality in the respondents' order and concluded that the case relied upon by the petitioners was not relevant to the present circumstances, thus dismissing the petition.
Issues: Quashing of orders, completion of tenured deputation, applicability of relevant OM
Ratio Decidendi: The court found that the relevant OM did not apply to officers on deputation to posts outside India and concluded that there was no illegality or perversity in the respondents' order.
Final Decision: The petition seeking quashing of orders and directions to complete tenured deputation was dismissed by the court.
JUDGMENT (Oral)
1. Vide the present petition, petitioner is seeking quashing or setting aside of the impugned orders dated 01.03.2023 and 21.02.2023; and directions to the respondents to allow petitioners to complete their tenured deputation of 3 years with the Ministry of External Affairs.
2. Learned counsel for petitioners has relied upon the judgment dated 04.07.2008 passed by a Co-ordinate Bench of this Court in W.P.(C) 3433/2007 in the case of Union of India & Ors. vs. Ct. Shamsher Singh.
3. It is not in dispute that pursuant to inquiry initiated against the petitioners an amount of Rs.2,37,677/- from petitioner No.1 and an amount of Rs.2,43,107/- from petitioner No.2 have been directed to be effected from them towards excess amount.
4. Learned counsel for petitioners has also relied upon the OM No.6/82009-Estt. (Pay II) dated 17.06.2010 (Annexure P-6) and has submitted that if an officer is posted on deputation and is recalled before completing the tenure, at least three months advance notice is to be served to such an officer.
5. It is not in dispute that the petitioners are on deputation and are in Algeria and Nairobi, Kenya, respectively.
6. As per clause 2.2 (c) of the said OM, the said OM is not applicable upon the officers who are on deputation to posts outside India.
7. Thus, in view of above circumstances, we find no illegality or perversity in the order dated 13.04.2023 passed by the respondents and the case relied upon by the petitioners is not relevant to the facts and circumstances of the present case.
8. Accordingly, the present petition is dismissed.
Applicability of relevant OM to officers on deputation outside India
The court clarified the effective date of the deemed resignation and upheld the validity of the notification deeming the respondent to have resigned from service.
A deputationist has no vested right and can be repatriated for valid reasons, and public interest and administrative exigencies are valid grounds for transfer.
In case of 'appointment on deputation', employer cannot claim employee has no right to continue till completion of deputation - Director's decision not to extend deputation must be based on evaluatio....
Reduction in Foreign Allowance must adhere to the terms and conditions of deputation, and any deviation from such terms and conditions agreed upon between the parties is not permissible.
Procedural compliance is essential during the premature reversion of employees from deputation, necessitating adherence to the three-month notice requirement as outlined in the Office Memorandum.
Service Law - Post of Presenting Officer – Sought to Direct respondent to continue petitioner on deputation till expiry of this remaining tenure as extended by the Competent Authority with all conseq....
No prior consent required for employee deputation within same Union Territory under Article 52-C, J&K CSR, 1956.
Premature repatriation of a deputationist must comply with natural justice principles and procedural norms, and authority must be competent as per relevant statutes.
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