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2000 (4) TMI 828 - SUPREME COURT

2000 (4) TMI 828 - SUPREME COURT - 2000 (5) SCC 362 - Dated:- 24-4-2000 - S.S. AHAMAD AND DORAISWAMI RAJU JJ. JUDGMENT: Raju, J. Special leave granted. The appellant, who lost before the Tribunal as well as the High Court, has come up before this Court challenging the judgment of the High Court declining to interfere with the order dated 16.4.99 of the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No.241 of 1999 which, in turn, repelled a challenge to the repatriation of t .....

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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 the question of absorption of a deputationist. On the other hand, the said subject is governed by .....

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e written test, the record relating to last five years A.C.Rs. (Part-I - Personal Data) for the period 1993-94 to 1997/98 in which the appellant mentioned about his basic educational qualification as B.A. and his performance in the interview, the Screening Committee constituted for the purpose recommended the absorption of the appellant in the CBI as Sub-Inspector. But when the appellant was asked to produce the documents in original in support of his educational qualifications etc., the appella .....

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tegrity 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, t .....

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e of N.N. Mishra (a mistaken reference to N.P. Mishra) is sought to be undone by already initiating action in that direction and that the case of N.P.Pandey - a departmental officer has to be treated as regular promotion and not to be treated as a deputationist. It was ultimately held for those reasons that the CBI cannot be compelled to absorb the appellant, and consequently the order of repatriation dated 29.1.99 did not call for any interference. Not satisfied the appellant moved the Delhi Hi .....

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. The appellant, indisputably, is only a deputationist so far as CBI is concerned and his parent department is only CRPF and his substantive position 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 ter .....

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he proceedings made available disclose this serious lapse and consequently no advantage can be claimed on the basis of the recommendation, made on a mistaken view of the facts more so, when such mistake was the making of the appellant himself. This assertion of the respondent- CBI Department was specific and reiterated in unmistakable terms from the beginning before the Tribunal (vide para 4 (h) and 5 of the reply) and thereafter before the High Court in the counter filed (vide para 3 (e) and fi .....

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