SHEKHAR SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioner in these proceedings under Article 226 of the Constitution of India seeks a direction to the second respondent (hereafter referred to as "the CRPF") to issue a No Objection Certificate (hereafter referred to as "the NOC") to him to facilitate his absorption within the Intelligence Bureau (IB).

(2.) THE brief facts are that the petitioner was enlisted with the CRPF on 05.04.1991. At the relevant time, he was working with the 126th Batallion of the CRPF. He was selected for deputation with the IB with the approval of the CRPF. He reported to the IB on 28.05.2009. During the currency of his deputation, the petitioner was promoted to the rank of Head Constable/General Duty (hereafter referred to as "HC/GD") by an order dated 16.10.2009 which was followed up by proforma promotion order dated 01.08.2011. His deputation period - (of 5 years) was to end on 27.05.2014. In the meanwhile, he had sought for permanent absorption in the rank of SA/G, i.e. Constable (GD). The CRPF declined permission for permanent absorption and refused to grant an NOC, and relied upon the instructions of the Department of Personnel and Training (DOPT) dated 17.06.2010. It was inter alia stated by the CRPF that the proforma promotion in the rank of HC/GD meant that the petitioner would not be released for permanent absorption with the IB. In these circumstances, on 14.03.2014, the CRPF wrote to the IB expressing its inability to grant no objection.

(3.) LEARNED counsel for the CRPF, during the course of hearing, produced a letter/order declining the issuance of NOC for permanent absorption dated 14.03.2014. The said document narrates that in terms of the DOPT instruction dated 17.06.2010, the deputation tenure is three years and extendable on year to year basis upto the fifth year. The said order goes on to cite as follows: