CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A./350/1885/2025 Date of Order:- 14/01/2026.

Coram: Hon’ble Mr. Suchitto Kumar Das, Administrative Member.

Hon’ble Mr. Diwakar Singh, Judicial Member.

Khokon Hati, son of Late Jagannath Hati, aged about 43 years, working as Intelligence Bureau as Junior Intelligence Officer-II/Executive on Deputation from BSF, residing at Vidyasagar Palli, Harinarayanpur, Bajepratappur, Post Office- Bajepratappur, Police Station- Burdwan Sadar, District- Purba Burdwan, Pin Code- 713101.

-Versus-

………..Applicant

1. UNION OF INDIA, Service through the Secretary, Ministry of Home Affairs, 5th Floor, Kartavya Bhavan- 3, New Delhi, Pin Code- 110001;

2. THE ASSISTANT DIRECTOR Intelligence Bureau, Government of India, 35 Sardar Patel Marg, New Delhi- 110021.

3. THE JOINT DIRECTOR Subsidiary Intelligence Bureau, Ministry of Home Affairs, Government of India, of 9/1 Gariahat Road, Kolkata- 700019. 4. THE SPECIAL DIRECTOR/E Intelligence Bureau, Government of India, 35 Sardar Patel Marg, New Delhi- 110021.

5. THE ASSISTANT DIRECTOR/E Subsidiary Intelligence Bureau, Ministry of Home Affairs, Government of India, of 9/1 Gariahat Road, Kolkata- 700018.

6. DIRECTOR GENERAL Border Security Force, of Block No. 10, CGO Complex, Lodhi Road- 110003.

7. ADDITIONAL DIRECTOR Bureau of Immigration, Haridaspur, ICP Petrapole Jayantipur, Post Office-

Petrapole, Police Station-

Petrapole, Bongaon, District-

North 24 Parganas, Pincode- 743405.

8. FOREIGNER REGIONAL REGISTRATION OFFICE, service through its Joint Deputy Director of 237, A.J.C. Bose Road, Kolkata- 700020.

For the applicant(s) : Mr. D. Mitra (Counsel).

……….Respondents For the respondent(s) : Mr. S.P. Shaw (Counsel).

O R D E R (ORAL).

Per: Mr. Suchitto Kumar Das, Administrative Member.

1. Learned Counsel for both sides are present and are heard.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-

“(a) An order does issue directing the concerned respondent authorities to recall and/or rescind the order of repatriation dated 28.11.2025, in as much as set aside or quash the said order by the Hon’ble Tribunal.

(b) An order directing the concerned respondent authorities to allow the applicant to continue and complete his remaining period service with the Intelligence Bureau.

(c) An order directing the respondent authorities to produce all relevant records pertaining to the instant case before the Hon’ble Tribunal.

(d) Any other order of further order or orders as this Hon’ble Tribunal may seem fit and proper”.

3. The submissions made by Learned Counsel for the applicant are summarized below:-

3.1 The applicant is on deputation to the Intelligence Bureau and subsequently, he has been posted in the Bureau of Immigration at Haridaspur Border.

3.2 His deputation period started on 10/12/2023 for an initial period of

05 years.

3.3 The applicant was served with a show-cause notice in September 2025 to which he replied on 19/09/2025. Subsequently, he was served with a one month notice for repatriation to his parent cadre on

28/11/2025.

3.4 The applicant had represented against that order vide his representation dated 04/12/2025.

3.5 The order repatriating the applicant does not give any ground for such decision and therefore, is bad in law and may not be given effect to.

3.6 Without considering this representation and without assigning any reason, the authorities have gone ahead with his repatriation unilaterally.

3.7 CalcutLtae aHringehd C oCuorutn wsehli cfho rh atsh eh ealdp pthliacta nat d eciptuesta tjuiodngimste wntit ho fa ftihxee dH toenn’ubrlee should not be repatriated except on such just grounds as for example, unsuitability or unsatisfactory performance.

Learned Counsel for the applicant therefore prays for an interim order staying the operation of the order dated 28/11/2025.

4. The submissions made by Learned Counsel for the respondents are summarized below:-

4.1 The applicant while performing duty at