JUSTICE PADMARAJ NEMACHANDRA DESAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a Former Judge of this Court and is aggrieved of the impugned order dtd. 7/11/2024 at Annexure-A, passed by the 2nd respondent-Joint Secretary to the Government of India, Ministry of Personnel Public Grievances and Pensions, Department of Personnel and Training, (AT-Division) North Block, New Delhi.

(2.) Learned Senior Counsel Sri.Udaya Holla, appearing for the petitioner submits that it is not disputed that the petitioner responded to the Vacancy Circular dtd. 18/12/2023 and filed his application for appointment as a Judicial Member of Central Administrative Tribunal on 5/1/2024. However, on 14/7/2024, the petitioner was appointed as "One-Man Commission" to enquire into the allegations of allotment of sites in the Mysore Urban Development Authority. The petitioner assumed charges as "One-Man Commission" on 18/7/2024. Thereafter, an order was passed by the 2nd respondent on 5/8/2024 stating that the President of India was pleased to appoint the petitioner as a Judicial Member in the Central Administrative Tribunal and he was advised to join the Central Administrative Tribunal at Hyderabad Bench within 30 days from the date of issuance of the order, failing which it was directed that the appointment shall be treated as 'cancelled'.

(3.) No sooner the petitioner received such a communication, the petitioner immediately wrote back to the 2nd respondent on 14/8/2024 thanking the President of India for selecting and appointing the petitioner as a Judicial Member. However, it was brought to the notice of the 2nd respondent that the petitioner has been appointed as an "One-Man Commission" of enquiry and he has commenced his work in the Commission. It was also stated that the term of the Commission is for six months. It was therefore stated that under such circumstances the petitioner is constrained to decline the offer made by the 2nd respondent, for the present.