TMI Blog2000 (4) TMI 828X X X X Extracts X X X X X X X X Extracts X X X X ..... 87, joined the service of CBI on deputation in the same capacity as ASI on 1.8.91. He continued to work as ASI on the deputation terms for the initial period, which came to be extended from time to time with the mutual consent of the lending and borrowing department. In the year 1994, no doubt, the borrowing department expressed an inclination for permanent absorption in the CBI and sought for the concurrence of the CRPF to which, it appears, the lending department also conveyed its clearance. It may be noticed at this stage that while on such deputation in the CBI, the appellant was also appointed as Sub-Inspector on 1.6.95 and in his parent department also he was promoted as such. There are no specific statutory rules as such governing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was a graduate, as disclosed by him. This seems to have been taken also as proof of his doubtful integrity in furnishing wrong information about his educational qualification to be graduation to some how gain absorption. Since, in terms of the relevant rules the total period of deputation in the rank of ASI/SI including that of deputation in any other cadre/cadre post cannot be for more than five years, the appellant was repatriated to his parent department and also relieved with effect from 31.1.99. (A.N.) with a direction to report for duty to the parent department. Apprehending the same, the appellant moved the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No.241 of 99. The Tribunal by its order dated 16.4.99, r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion and appointment is only in that department and ordinarily a deputation, as per governing rules, cannot last for a period more than five years. The frivolous claim that a person like him need not be a graduate for absorption and appointment in CBI, apart, the appellant appears to have rendered himself unreliable by making, to put it in most mild terms, an incorrect representation of his basic educational qualification to be a graduate while factually it is not so, and this one ground, strongly urged is enough to non-suit him. This itself will be sufficient to dis-entitle him to even continue in the CBI any longer. The Screening Committee which appears to have initially recommended for absorption also seem to have proceeded on the basis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his parent department to serve in his substantive position therein at the instance of either of the departments and there is no vested right in such a person to continue for long on deputation or get absorbed in the department to which he had gone on deputation. The reference to the decision reported in Rameshwar Prasad vs M.D., U.P. Rajkiya Nirman Nigam Ltd. and Others [1999 (8) SCC 381] is inappropriate since, the consideration therein was in the light of statutory rules for absorption and the scope of those rules. The claim that he need not be a graduate for absorption and being a service candidate, on completing service of 10 years he is exempt from the requirement of possessing a degree need mention, only to be rejected. The stand of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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