AAKASH DEEP CHAKRAVARTI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner seeking the relief of quashing of the fresh advertisement issued for appointment to the post of Executive Director (Law) (in short ED (Law)) of the respondent no.2/Delhi Electricity Regulatory Commission (DERC) and also for setting aside the impugned order dated 11.11.2014 of respondent no.2 whereby respondent no.2 put a hold on the appointment of the petitioner to the post of ED (Law) in the respondent no.2. The subsequent order of respondent no.2 dated 26.11.2014 is also challenged by the petitioner as per which the offer to the petitioner for appointment to the post of ED (Law) made of the respondent no.2 by letter dated 30.9.2014 was withdrawn and cancelled.

(2.) The issue in the present case is whether petitioner has completed seven years of deputation outside his parent cadre in the Department of Posts of the Union of India, inasmuch as, after a period of seven years on deputation of an employee outside his parent department, there cannot be continuation of deputation or appointment in a post outside the parent department without there being a cooling off period of 3 years. It is conceded on behalf of the petitioner that the total period of deputation can be seven years and whereafter there has to be a cooling off period of three years before posting outside the parent employer by way of deputation.

(3.) Petitioner contends that petitioner has not completed the period of seven years outside his parent department and therefore the impugned orders are liable to be recalled and petitioner be appointed to the post of ED (Law) of the respondent no.2.