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1999 Supreme(All) 217
HIGH COURT OF ALLAHABAD
M.Katju, Kamal Kishore
BASISHTHA NARAYAN TRIPATHI
Versus
STATE OF U P
Decided On : 22 February 1999
C. M. W. P. No. 24430 of 1992
No person can be sent on deputation without his consent.
Headnote:
Deputation - Consent - No person can be sent on deputation without his consent
Fact of the Case:
The petitioner challenged an order sending him on deputation without his consent.
Finding of the Court:
The court found that the petitioner did not give consent for being sent on deputation and held that no person can be sent on deputation without his consent.
Issues: The issue was whether the petitioner could be sent on deputation without his consent.
Ratio Decidendi: The court held that no person can be sent on deputation without his consent, and since no counter-affidavit was filed by the respondents, the petitioner's claim stood uncontroverted.
Final Decision: The impugned order sending the petitioner on deputation without his consent was deemed arbitrary and quashed, and the petition was allowed.
2. The petitioner is challenging the impugned order, dated 2-7-1992 An-nexure 3 to this writ petition. Petitioner states that he has been sent on deputation to the post of Avas Adhikari district Siddharth nagar without taking his consent.
3. In para 12 of the petition, it has been stated that the petitioner did not give consent for being sent on deputation.
4. In our opinion no person can be sent on deputation without his consent. In the present case no counter-affidavit has been filed by the respondents and hence paras 12, 13 and 14 stand uncontroverted.
5. In view of the above, the impugned order dated 2-7-1992 is arbitrary and is hereby quashed.
6. With the above observation this petition is allowed. Petition allowed.
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