SADACHARI SINGH Vs. UOI

JUDGEMENT

(1.) This writ petition is directed against the order dated 01.04.2002 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 1276/2001, whereby the petitioner's said OA was dismissed. In the Original Application, the petitioner had challenged the office order dated 31.01.2001 issued by the respondent No. 2 (Indian Council for Agricultural Research), Krishi Bhawan, New Delhi, whereby, the tenure of the petitioner as Assistant Director General, Agricultural Research Information System (ARIS), was terminated and he was directed to be posted as Senior Scientist at Central Institute of Agricultural Engineering (CIAE), Bhopal, where he had been working before joining as the Assistant Director General, ARIS with immediate effect.

(2.) The petitioner was aggrieved by the fact that he had been placed at the position of Assistant Director General, ARIS, on a tenure basis for five years and he had taken that position with effect from 15.01.1998 and even before his tenure of five years was over, the order dated 31.01.2001 curtailed the said tenure and directed that he return to his position as a Senior Scientist at CIAE, Bhopal. According to the petitioner, his tenure of five years could not have been curtailed. Another point taken by the petitioner was that he was not returned to a matching post. Another point taken by the petitioner was that his Annual Assessment Reports (AARs) were not prepared in time and the adverse entries made therein, were not communicated to him in time as per the rules of ICAR and, therefore, they could not have been made the basis of curtailment of his tenure, in any event.

(3.) We find that office order dated 11.02.1998, by virtue of which the petitioner was appointed to the position of Assistant Director General, ARIS, is relevant and the same reads as under:-