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.

JUDGMENT :

The petitioners, who are Civil Police Officers under the Kerala Police and are deputed to the Bureau of Immigration under the Ministry of Home Affairs, Government of India, have approached this Court seeking to set aside Ext.P1 and to command respondents 1 to 4 to permit the petitioners to continue on deputation till the expiry of their period of deputation.

2. The petitioners state that petitioners 1 to 3 have been working on deputation with the Bureau of Immigration for more than three years. Petitioners 1 to 3 were granted extension of deputation after the expiry of the initial three year period. The 4th petitioner is yet to complete his three year tenure.

3. On 07.03.2023, the petitioners were served with Ext.P1 Office Order which stated that the petitioners stand repatriated to their parent Units and relieved of their duties from the Bureau of Immigration with effect from the dates as shown against their names.

4. The petitioners would contend that no notice of repatriation was issued to the petitioners. Ext.P1 did not disclose any reason warranting such premature repatriation. The respondents have not made any arrangements to fill up the vacancies that will arise consequent to the repatriation of the petitioners by making alternate appointments.

5. The petitioners state that the repatriation is presumably done on the alleged deficiency in the service rendered by the petitioners. There are 80 counters in the Bureau of Immigration at Cochin International Airport. About 25 to 28 counters will be functioning every day. The entire work in the Bureau of Immigration in the International Airport is supervised by an Assistant FRRO. The said Assistant FRRO is assisted by two senior officers and counter officers. A General Diary is maintained at the Bureau of Immigration. The General Diary should disclose any misconduct or omission on the part of the petitioners in the matter of discharge of their duties. No adverse remarks or reports were made in the Diary in respect of the petitioners at any point of time.

6. On the other hand, Exts.P2(a) to P2(c) would show that the 1st petitioner has been given good service entries. Exts.P3(a) and P3(b) would show that the 2nd petitioner’s service was satisfactory and excellent. Ext.P4 is a similar certificate in respect of the 3rd petitioner.

7. The premises of the Bureau of Immigration in the International Airport is covered by IVFRT Software, which would record the entire activities in the Bureau. There are CCTV cameras to monitor the work in the Bureau of Immigration area. An examination of the Software and CCTV would disclose that the petitioners have not defaulted in any manner in the discharge of their duties. Each CPO deputed at the Bureau of Immigration will be handling around 250 passengers. The petitioners have also adhered to the said target.

8. Deputy Solicitor General of India entered appearance on behalf of respondents 1 to 4 and resisted the writ petition, filing a Statement. On behalf of respondents 1 to 4, it is pointed out that petitioners 1 to 3 have already completed their tenure period of three years and they are continuing on extension. A person on deputation to another department cannot insist as of right that he should be permitted to continue at the deputed station. The 4th petitioner would be completing his tenure soon. There is no rule or regulation which states that a deputationist cannot be repatriated before the expiry of the tenure period or before the expiry of the extended period. Under Service Law, premature repatriation of deputationists is permitted. Such premature repatriation would not amount to reversion. It would not amount to imposition of any penalty. Nor it would cast any stigma on the employees.

9. Pointing out the details of the leave availed by the petitioners, the Deputy Solicitor General of India submitted that the petitioners had the habit of taking frequent leave. Even though there may be leave to their credit, that does not mean that the pet