SURENDER SINGH CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed challenging the letter dtd. 2/2/2022, whereby Respondent No.2 rejected the request of the petitioner to forward his application for deputation to the office of Respondent No.3. Petitioner further seeks quashing of the impugned Policy decision letter dtd. 10/1/2018. Petitioner also seeks directions to Respondent No.2 to forward the application of the petitioner to the office of Respondent No.3 and upon his final selection to the post of "Senior Secretariat Assistant", issue final "Vigilance Clearance Certificate" and "No Objection Certificate" in favour of the Petitioner to enable him to join the office of Respondent No.3.

(2.) Learned counsel for the Petitioner states that initially the petitioner had joined Border Road Organisation [BRO] as LDC in 2008 and in 2019 he was promoted to the post of UDC. He states that pursuant to the advertisement published in the Employment News dated 18-24/12/2021, the Petitioner, being an eligible candidate, applied for the post of Senior Secretariat Assistant on deputation basis with the Anthropological Survey of India. He further states that the Petitioner, vide letter dtd. 11/1/2022, requested the Parent department i.e. BRO through proper channel to forward his application for deputation along with appropriate NOC.

(3.) Learned counsel for the Petitioner states that the application of the Petitioner for deputation was forwarded by the Commanding Officer to the appropriate authority along with all connecting papers including recommendation, etc. However, he states that the Respondents rejected the request of the Petitioner to forward his application vide the impugned order dtd. 2/2/2022. He states that the application of the Petitioner has been rejected relying on the provisions of the Policy decision letter dtd. 10/1/2018 which does not have the sanction from Ministry of Defence.