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2021 Supreme(J&K) 292

SINDHU SHARMA
Talvir Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajesh Bhushan, Advocate
For the Respondent:Mr. Vishal Sharma, Mrs. Monika Kohli, Advocate

JUDGMENT :

1. Petitioner while working as Constable in the Border Security Force (BSF) was sent on deputation to Central Bureau of Investigation (in short ‘CBI’) Jammu, pursuant to CBI Headquarter letter dated 01.03.2013. The deputation of the petitioner was initially for a period of three years but the same was extended for further period of two years.

2. The petitioner, subsequently, appeared in the Personal Assessment Test on 09.09.2017 for his absorption in the CBI, and was successful in the screening test and, accordingly, shortlisted for the same. Thereafter, the petitioner applied for extension of his deputation period vide representation dated 08.12.2017 and respondent No. 4 informed the CBI Headquarter that the petitioner’s case is under consideration for absorption and NOC has been sought from parent department. The case of the petitioner alongwith some other persons was recommended by the B.S.F on 18.01.2019 to respondent No. 1 for grant of permanent absorption in CBI w.e.f 18.10.2017, subject to relaxation. The respondent No. 4, however, on 13.07.2021 issued order for repatriation of 69 Constables of CAPF including petitioner as the MHA had conveyed refusal of NOCs.

3. The

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