S.ZAHEERUDDIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dtd. 3/9/2019 (Annexure P-1) whereby the services of the petitioner, who was sent on deputation to the Chhattisgarh State Waqf Board, have been repatriated to his original department.

(2.) Learned Senior Counsel appearing for the petitioner assailing the said order submits that the order has been passed with malafide as there have been false complaints made against the petitioner in the past and there have also been a couple of litigations made in the past when the petitioner was working as Chief Executive Officer. Learned Senior Counsel refers to Annexures, P-3, P-4 & P-5 to the petition, which are the orders passed in three writ petitions which were disposed of by this High Court on 18/7/2019 whereby the State Government was given the power to take appropriate steps for giving an opportunity of hearing to the two authorities i.e. Chief Executive Officer and the Board.

(3.) This Court is of the opinion that so far as the law on deputation is concerned, it is by now well settled that for repatriating an employee on deputation, opportunity of hearing need not to be given. It is exclusively within the power of the lending department as also the borrowing department to either recall the employee sent on deputation or to ask the lending department to take back the services of the deputationist.