AI Overview...
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Repatriation Process and Authority - Repatriation is generally conducted by the parent department, which holds the sole jurisdiction to form opinions, issue orders, and decide on further actions post-repatriation. Orders made without consulting the parent department or exceeding authorized powers are often deemed unlawful. For instance, orders passed without consulting the parent department or outside the scope of authority are quashed by courts (R. Jayashree VS Union of India - Delhi, Sapna Channa VS Government of NCT of Delhi - Delhi, K. Lalitendu Kumar VS Union of India - Orissa).
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Consultation with Parent Department - Several cases highlight that decisions related to repatriation, absorption, or extension must involve consultation with the parent department. Orders made unilaterally or without proper consultation violate guidelines and can be set aside (R. Jayashree VS Union of India - Delhi, K. Lalitendu Kumar VS Union of India - Orissa, Hansraj VS Union of India - Delhi).
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Legal Validity and Court Intervention - Courts have quashed repatriation orders found to be illegal, especially when they contravene departmental guidelines or court orders. Orders passed in violation of rules or without proper consultation are subject to judicial review and can be declared null and void (R. Jayashree VS Union of India - Delhi, R. K. Biren Singh VS State of Manipur represented by the Principal Secretary (RD & PR), Government of Manipur - Manipur, K. Lalitendu Kumar VS Union of India - Orissa).
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Rights of Deputationists and Repatriation Options - Deputationists have no vested right to remain indefinitely on deputation or to be absorbed without proper procedures. They can be repatriated to their parent department at any time, but such actions should be taken following due process and proper consultation (Sapna Channa VS Government of NCT of Delhi - Delhi, Hansraj VS Union of India - Delhi).
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Repatriation and Promotions - Entitlement to promotion or absorption is often linked to the process of repatriation and must consider seniority and departmental rules. Decisions to deny promotions or to repatriate without options being exercised are challenged in courts (N. Sreehari VS The Government of A. P. , Revenue Endowments Department - Andhra Pradesh, R. K. Biren Singh VS State of Manipur represented by the Principal Secretary (RD & PR), Government of Manipur - Manipur).
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Summary of Main Insights:
- Repatriation orders must be issued by the parent department with proper consultation.
- Orders made without following prescribed procedures are often invalid and subject to judicial review.
- Deputationists lack a right to indefinite deputation or absorption; their repatriation is at the discretion of the parent department.
- Courts emphasize adherence to departmental guidelines and proper procedural conduct in repatriation matters.
References:
R. Jayashree VS Union of India - Delhi, Sapna Channa VS Government of NCT of Delhi - Delhi, K. Lalitendu Kumar VS Union of India - Orissa, R. K. Biren Singh VS State of Manipur represented by the Principal Secretary (RD & PR), Government of Manipur - Manipur, Hansraj VS Union of India - Delhi, N. Sreehari VS The Government of A. P. , Revenue Endowments Department - Andhra Pradesh, 01100010966, Sunil Kumar Gupta VS State Of J&K Through Director Of Litigation, Law Department, Jammu - Jammu and Kashmir
Search Results for "Repatriation Without Consulting from Parent Departments"
2023 0 Supreme(Chh) 717 • India - Chhattisgarh
RAJANI DUBEY
and impose punishment after the petitioner's repatriation to the Parent Department. ... , and later repatriated to the Parent Department. ... The Borrowing Department was directed to transmit the papers to the Parent Department for further action. ... the parent Department. ... consulting the lending authority. ... sheet was issued after 5 months of his repatriation to his #HL_ST....
2004 0 Supreme(J&K) 110 • India - Jammu and Kashmir
S.K.GUPTA
to the Milk Federation was illegal and unsustainable in law because it was taken in violation of court orders and without considering ... a Government Department. ... , Jammu, on the ground that his transfer to the Police Department was erroneous and that he could not be posted in a Government Department ... Superintendent of Police (Ministerial) in which the Home Department, besides justifying the proposal for promotion, inter alia, raised an issue over the action of the General Administration #HL_STAR....
2022 0 Supreme(Del) 996 • India - Delhi
YASHWANT VARMA
Upon repatriation, it is the competent authority in the parent body who alone would have the requisite jurisdiction to form an opinion ... Upon repatriation, it is the competent authority in the parent body who alone would have the requisite jurisdiction to form an opinion ... POWER FINANCE CORPORATION LIMITED (CONDUCT DISCIPLINE AND APPEAL) RULES - [1] - POWER FINANCE CORPORATION CONSULTING LIMITED [ ... the parent Department. ... There can be no deputation #HL_START....
2016 0 Supreme(Manipur) 81 • India - Manipur
N.KOTISWAR SINGH
order * Protection of the petitioner's interest in his parent department upon repatriation Ratio Decidendi: The Court held ... The petitioner filed a representation against the repatriation order, which was rejected by the Government. ... challenging the validity of the absorption order of the petitioner as Executive Engineer in the DRDA, Chandel and the subsequent repatriation ... It defies logic that such a momentous decision to absorb deputationists could have been taken without #HL....
2014 0 Supreme(Del) 1735 • India - Delhi
S.RAVINDRA BHAT, VIPIN SANGHI
The petitioner argues that the repatriation order was unlawful and contrary to the Department of Personnel and Training (DOPT) guidelines ... The repatriation order is quashed. ... The High Court sets aside the CAT's order and quashes the repatriation order. ... Consequently, other departments such as the CBEC in this case, were not permitted to take separate decisions in this regard without consulting the DOPT. ... 4. ... The CAT stayed the order of repatr....
2014 0 Supreme(Del) 2074 • India - Delhi
S.RAVINDRA BHAT, VIPIN SANGHI
Learned counsel for the applicants has not been able to identify the source of power of respondent no.1 that would enable it to relax the provision of these rules without consulting the respondent no.3. ... A deputationist can always and at any time be repatriated to his parent department, at the instance of either borrowing department or parent department. There is no vested right in such a person to continue for long on deputation or get absorbed in borrowing #HL_ST....
2022 0 Supreme(Ori) 285 • India - Orissa
B.R.SARANGI, SANJAY KUMAR MISHRA
The court quashed the orders of repatriation and directed the Opposite Parties to absorb the petitioner in East Coast Railway without ... The petitioner had exercised the option to serve in the newly created East Coast Railway Headquarters but was repatriated to his Parent ... causing any further delay and without inviting any fresh option from him. ... It is also stated that the order dated 10.04.2009 was passed without consulting the Executive Authority. As such, the order dated 10.0....
2018 0 Supreme(Del) 2444 • India - Delhi
VIPIN SANGHI, REKHA PALLI
OM - Repatriation to Parent Cadre - O.M. dated 04.12.2014, O.M. dated 24.07.2017 - The judgment discusses the O.M. dated 04.12.2014 ... Fact of the Case: The petitioners sought clarification of an order regarding their repatriation to their parent cadre ... without being given an opportunity to exercise their option to remain in 'SSS' as per O.M. dated 04.12.2014. ... to their parent cadre without being given an opportunity to exercise their option to remain in Subo....
2003 0 Supreme(AP) 1498 • India - Andhra Pradesh
V.ESWARAIAH
fixed period of two years has been prescribed while appointing petitioner on deputation basis even before completion of said period without ... It is stated that the impugned order terminating the deputation of the petitioner as Executive Registrar of the Institute without consulting his parent department is a stigmatic order passed behind his back, which will be carried out in his personal records maintained by his parent department. ... Had there been any truth in a....
2010 0 Supreme(AP) 847 • India - Andhra Pradesh
L.NARASIMHA REDDY
His entitlement to promotion shall be considered only after repatriation according to his seniority in parent organization However ... The proceedings were issued just on a request made by the petitioner without even consulting the third respondent Devasthanam. The petitioner was transferred together with his service once for all, to the third respondent Devasthanam. ... The question as to whether he is entitled to be promoted in the parent organization shall be considered only after repatriat....
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