The court emphasized that a decision to deny a relieving order for a deputation must consider the Inquiry Officer's findings and be made expeditiously, to avoid prejudice to the employee's opportunities.

JUDGMENT

Jyoti Singh, J. (Oral)

C.M. No. 51963/2022 (under Order VI Rule 17 CPC, by Petitioner)

1. Present application has been preferred under Order VI Rule 17 CPC for amending the writ petition, to lay a challenge to letter dated 17.10.2022, passed during the pendency of the writ petition, whereby Respondent has refused to relieve the Petitioner for joining the deputation post.

2. Issue notice.

3. Ms. Monika Arora, learned counsel accepts notice on behalf of the Respondent.

4. For the reasons stated in the application, the same is allowed.

5. Amended writ petition filed along with the application is taken on record.

6. Ms. Monika Arora, learned counsel for the Respondent submits that counter-affidavit filed to the unamended writ petition be read as a counter-affidavit to the amended writ petition.

7. Application stands disposed of.

W.P.(C) 14527/2022

8. This writ petition has been filed by the Petitioner seeking quashing of letter/order dated 17.10.2022, issued by the Respondent/University, rejecting the request of the Petitioner to relieve him for joining the post of Teacher Indian Culture at the High Commission of India, Maputo, Mozambique, on short-term deputation for a period of 11 months and for issuance of a writ of mandamus, directing the Respondent to issue a relieving order.

9. The factual score, to the extent relevant for the purpose of adjudication of the issues the Court is in seisin and as captured in the writ petition, is as follows:

(a) Petitioner joined the Respondent/University on 05.02.1999 as a Yoga Instructor and was subsequently appointed as a Technical Assistant on 16.05.2012. On 24.10.2020, the Indian Council for Cultural Relations (ICCR) issued an advertisement for deployment of Indian Nationals on short-term deputation as Teachers at ICCR's Cultural Centers abroad.

(b) Being eligible, Petitioner applied for the post of Teacher, in accordance with the terms and conditions of the advertisement and preferred a communication to the Respondent on 05.11.2020, requesting to forward his application, through proper channel.

(c) On 17.11.2020, Respondent informed the Petitioner that his request was placed before the Chief Vigilance Officer, but was not acceded to, as major penalty charge-sheet in respect of fraudulent LTC claim was pending against him.

(d) On 08.11.2021, Petitioner attended the interview conducted by ICCR and on 15.11.2021, Respondent issued a `No Objection Certificate' (NOC), post facto. It was stated in the NOC that in the event of Petitioner's selection, he will be relieved from the services of the University, subject to vigilance clearance and submission of `no dues' at the time of joining. NOC was issued with the approval of the Competent Authority, which is mentioned on the document itself.

(e) On 07.04.2022, ICCR issued the Offer of Appointment for deputation on the post of Teacher Cultural Centre, at Mozambique, for a period of 11 months. Soon thereafter, on 11.04.2022, Petitioner wrote to the Respondent for issuing a relieving letter, permitting him to proceed for deputation. On 12.04.2022, Petitioner received a communication from ICCR to complete the necessary formalities on priority basis as well as to undergo a medical check-up. Pursuant thereto, Petitioner again wrote to the University on 26.04.2022, followed by reminders to issue the