UNION OF INDIA Vs. DAVID CHELLARAJ

JUDGEMENT

(1.) Special Leave granted. We have heard the appeal.

(2.) We are of the view that the central Administrative tribunal was in error in directing the Railway administration to treat the respondent as being on deputation while undergoing post graduate course. In the circumstances of the case the tribunal should have asked the Railway Board to consider whether the respondent should be sent on deputation or not for the purpose of training. We accordingly modify the order of the tribunal by setting aside the direction issued to the Railway Administration to treat the respondent as being on deputation and direct the Railway Board to consider independently whether the respondent can be sent on deputation or not. The railway Board ahall take the decision with regard to this matter within 3 months.