DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Kuldeep Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. application allowed; petition disposed. (Para 1 , 2 , 8) |
| 2. petitioners seek to quash premature reversion. (Para 3 , 4 , 5) |
| 3. court directs compliance with advance notice. (Para 6 , 7) |
CM APPL. 35835/2022 (for exemption)
1. Allowed, subject to all just exceptions.
2. Application is accordingly disposed of.
W.P.(C) 12004/2022 & CM APPL. 35834/2022 (for stay)
3. By way of the present petition, petitioners seek the following reliefs:
"(i) Issue of Writ of Certiorari for quashing of the order dated 05.08.2022 to the extent whereby the respondents have included the names of the petitioners amongst the officers whose deputation in Delhi Police have been prematurely reversed and cancelled; and
(ii) Issue of Writ of Mandamus directing the respondents to allow the petitioners to continue at their deputed organization, i.e. Delhi Police for a minimum of at least the approved tenure, i.e.03 years, keeping in view their special family circumstances, in terms of the OM dated 17.06.2010 issued by the DoPT as well the judgment dated 07.10.2005 passed by the Hon'ble Apex Court in case of Union of India and Ors. v V. Ramakrishnan..."
4. Learned counsel appea
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.
Procedural fairness must be upheld, yet an executed order of reversion does not provide grounds for appeal if there are no significant procedural violations affecting status.
Applicability of relevant OM to officers on deputation outside India
A deputationist lacks an indefeasible right to remain in a position, and authorities can recall employees based on service exigencies without breaching natural justice principles if no prejudice is c....
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
Point of Law : A deputationist does not have an indefeasible right to insist his continuance in borrowing Department, when his service is no longer required in exigencies of service.
A petition seeking appointment on deputation becomes infructuous and unnecessary for adjudication on merits once the petitioner has retired from government service, as the underlying relief sought ca....
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