SURENDER SINGH HOODA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner claims to have joined services of Border Security Force (BSF) in the rank of Assistant Commandant on 10/12/1991. He was serving as Second in Command as on 16/9/2006, with Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances and Pensions, sought nominations from Government department's Class-I Officers, having minimum 07 years of service and below 50 years of age for the post of fourth Post Graduate Diploma in Public Policy and Management (PGDPPM) at MDI, Gurgaon for the academic year 2009-11. In pursuance to the aforesaid, BSF called for nominations from its establishments and; petitioner claims to have applied for it through proper channel; was selected for PGDPPM to be conducted at Management Development Institute (MDI), Gurgaon w.e.f. 7/12/2009, furnished requisite bond and the PGDPPM commenced on 16/12/2009.

(2.) According to petitioner, subsequent upon joining the PGDPPM, he and other participants were informed that the venue of international module was shifted from George Mason University, USA to Sciences PO University, Paris by MDI, Gurgaon with the approval of DoPT, which was objected to by the petitioner vide protest letter dtd. 19/10/2010, as in the advertisement as well as the bond, it was specifically mentioned that the international module will be held at George Mason University, USA. The petitioner further claims to have completed his training at MDI, Gurgaon and international module of six weeks duration at Science PO University, Paris; and he reported back to his work on 1/1/2011. Petitioner claims to have been supposedly granted nine months at his work place for completing his dissertation, however, he got posted in the extremely hard area of Gurez Sector in Bindapur district of Jammu and Kashmir. Petitioner further claims that his telephonic request for his posting at BSF, Headquarters, Delhi or some other establishment of BSF for nine months to enable him to complete his dissertation to successfully complete his PGDPPM, was declined by IG, Training. Thereafter, petitioner claims to have applied for voluntary retirement due to domestic reasons.

(3.) Petitioner claims to have made a representation dtd. 19/12/2011 to the then Hon'ble Home Minister for waiving off his liabilities of bond furnished at the time of joining PGDPPM, as he was not granted time for writing his dissertation due to hard posting and also because the conditions to complete the course were changed due to change in venue of international module without any prior intimation. However, he was telephonically informed by the Commandant (Pers) that his case for voluntary retirement will be processed only if he furnishes undertaking for deducting the dues arising out of bond from his terminal benefits and so, he furnished undertaking dtd. 23/7/2012 in the requisite format. Thereafter, an office Order dtd. 7/9/2012 was issued by the Ministry of Home Affairs accepting petitioner's request for voluntary retirement w.e.f. 31/7/2012, however, it was directed that the whole expenditure incurred on him for undergoing PGDPPM with interest, barring the period he was not offered opportunity for completing his dissertation, be recovered from his due entitlements.