Deputationists do not possess an inherent right to claim permanent absorption in the borrowing department without statutory backing or appropriate NOCs.

JUDGMENT

Amit Bansal, J.

CM No.21791/2021 in W.P. (C) No.6892/2021 (for exemption)

CM No.21888/2021 in W.P. (C) No.6935/2021 (for exemption)

1. Allowed, subject to just exceptions and as per extant Rules.

2. The applications are disposed of.

W.P. (C) No.6892/2021 & C.M. No.21790/2021 (for stay)

W.P. (C) No.6935/2021 & C.M. No.21887/2021 (for stay)

3. The petitioners, working as Constables in various departments of the Central Armed Police Forces (CAPFs), have filed the present petitions under Article 226 of the Constitution of India impugning the order dated 13th July, 2021 issued by the respondents whereby `No Objection Certificate' (NOC) has been refused to the petitioners for permanent absorption in the respondents Central Bureau of Investigation (CBI) and the repatriation orders dated 14th July, 2021 (in W.P. (C) No.6935/2021), in terms of which the petitioners have been repatriated to their parent organizations. A further direction is sought for permanent absorption of the petitioners with CBI.

4. In both the petitions, identical reliefs are sought and therefore both the said petitions are being decided by a common judgment. Brief facts as pleaded in the petitions have been separately detailed hereinbelow:

5. The present petition has been filed by six petitioners, appointed as Constables in the Central Reserve Police Force (CRPF), who were sent on deputation to CBI between 2012 and 2013 for an initial period of three years, which period was extended from time to time. Vide circular dated 11th July, 2017 CBI invited recommendations for deputationist constables who met the eligibility criteria prescribed therein, to be absorbed in CBI. The petitioners, finding themselves to be eligible, applied for the said absorption and on 4th September, 2017 were shortlisted for an assessment by CBI. On 21st and 22nd March, 2018, the petitioners no.1, 2, 3 and 6 of the present petition furnished certificates to the respondents stating that they will not take or claim promotion/seniority in future. The CRPF issued letter dated 30th April, 2019 informing CBI that the respondent no.1 Ministry of Home Affairs (MHA) had rejected the request for grant of NOC to nine personnel, which included the petitioners, on finding them to be ineligible for absorption in CBI and such personnel were to be repatriated to their parent department. On the basis of the aforesaid communication, CBI issued an order dated 13th July, 2021, directing repatriation of the said personnel, including the petitioners, back to their parent department.

W.P. (C) No.6935/2021

6. The four petitioners herein were appointed as Constables in the Central Industrial Security Force (CISF) on various dates between 1993 and 1997. The petitioners applied for deputation with CBI in the year 2012 and were selected for the said deputation. Though initially for a period of three years, the said deputation was extended every year, and the petitioners continued to serve with CBI. On 3rd August, 2018, the respondents issued an order inviting applications for deputationist constables to be absorbed in CBI, who met the eligibility criteria thereof. The petitioners, being eligible applied for permanent absorption in CBI as Constables. On 23rd August, 2018, CBI issued a list of Constables, which included the petitioners, who were short-listed to appear for personal assessment before the Screening Committee constituted by CBI. Based on the assessment by the Screening Committee CBI prepared a list of Constables that included the petitioners, who were being considered for absorption in CBI and a letter was sent to their parent department for obtaining NOC.