UNION OF INDIA Vs. S.N.MAITY

JUDGEMENT

(1.) In this appeal, by special leave, the justifiability and soundness of the judgment and order dated 18.5.2006 passed by the High Court of Jharkhand at Ranchi in W.P.(Service) No. 6106 of 2005 whereby the Division Bench of the High Court has overturned the order passed by the Central Administrative Tribunal ('tribunal' for short), Circuit Bench at Ranchi in O.A. NO. 215 of 2005, is called in question.

(2.) Shorn of unnecessary details, the facts which are requisite to be stated are that the 1st respondent was working as a Scientist E-II in the Central Mining Research Institute (Council of Scientific and Industrial Research). On 29.07.2003, he was appointed on deputation to the post of Controller General of Patents, Designs and Trade Marks ( (for short, 'CGPDTM'). After serving there for one year, by order F.No. 8/52/2001-PP&C dated 31.8.2004, he was repatriated to his parent department. The said order was challenged before the tribunal contending, inter alia, that he could not have been pre-maturely repatriated to his parent department and there had been a violation of the principle of audi altram partem. The said stand of the 1st respondent was contested by the authorities of Union of India proponing, inter alia, that he had no right to continue in the post as he was on deputation. Be it stated, some reliefs were claimed with regard to the TA bills and salary for certain period. The tribunal accepted the stance put forth by the Union of India and dismissed the Original Application. However, as far as payment regarding T.A. and salary for certain period is concerned, the tribunal directed that the same should be decided by the respondents after due verification in accordance with law.

(3.) Being dissatisfied with the aforesaid decision of the tribunal, the 1st respondent invoked the jurisdiction of the High Court under Article 226 and 227 of the Constitution of India. The High Court posed two questions, namely, whether the order F.No.8/52/2001-PP&C dated 31st August, 2004 issued by Under Secretary to the Government of India, Ministry of Commerce and Industry, Department of Industrial Policy & Promotion repatriating the petitioner to his parent department was illegal; and whether the petitioner had the right to continue as Controller General of Patents, Designs and Trade Marks.