CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/228/2026 Date: 18.02.2026 Coram: Hon’ble Mr. Anindo Majumdar, Administrative Member Hon’ble Mr. Diwakar Singh, Judicial Member Totan Kumar Saha, son of late Ramesh Chandra Saha, aged about 47 years, working as Intelligence Bureau as Junior Intelligence Officer- I (Executive)/ Executive on deputation from Sashastra Seem Bal (SSB), residing at Village and Post- Mothabari, P.S.

Mothabari, District- Malda, Pincode- 732207.

.……Applicant -versus-

1. Union of India, Service through the Secretary th Ministry of Home Affairs, 5 floor, Kartavya Bhawan-

3, New Delhi-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. Assistant Director, Bureau of Immigration, Haridaspur, ICP Petrapole, Jayantipur, Police Station- Petrapole, Bongaon, District- North 24 Parganas, Pincode- 743405.

7. Foreigner Regional Registration Office, service through its Joint Deputy Director of 237, A.J.C. Bose Road, Kolkata- 700 020.

8. Sashastra Seema Bal, East Block – V, R.K. Puram, New Delhi- 110066, India.

…….Respondents For the Applicant : Mr. D. Mitra, Counsel For the Respondents : Mr. S.P. Shaw, Counsel O R D E R (ORAL)

Per: Anindo Majumdar, Administrative Member Today, at hearing, learned counsel for the applicant prays for deletion of name of respondent no. 6 from the array of the respondents since the respondent no. 6 is not the necessary party in the matter.

Prayer is allowed. Accordingly, applicant is directed to make necessary correction in the court copies as well copy of the respondents during the course of the day.

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 or further order or orders as the Hon'ble Tribunal deems 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 31.05.2022 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 16/12/2025.

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 Learned Counsel for the applicant cites judgment of the Hon’ble Calcutta High Court which has held that a deputationist with a fixed tenure should not be repatriated except on such just grounds as for example, unsuitability or unsatisfactory performance. Learned Counsel for the applicant therefore prays f