SK NANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule DB. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing.

(2.) This writ petition challenges the order of CAT Delhi dated 06-07-1998 in O.A. No. 360/1997. The Tribunal had partially allowed the OA of the petitioner directing the respondents to take a fresh decision in the 1 of 5 matter of granting promotion to the petitioner in the light of the observations in the said judgment of the CAT. The challenge to letter dated 2-04-1990 by which the petitioner/applicant before the Tribunal was ordered to be relieved of his duty as Private Secretary to the former Union Minister of Health and Family Welfare and also repatriated to the State of Haryana to fill up the deficiency in the Central Deputation cadre which had been curtailed by the applicant's pre- mature repatriation had been rejected as this plea had already been raised in an earlier order dated 05-01-1996 in OA No. 458/95. The above order of CAT dated 05-01-96 was challenged unsuccessfully before the Hon'ble Supreme Court which dismissed the SLP on the ground that since penalty of censure has already been passed against the petitioner it was open to him to take appropriate action. Accordingly the present OA was filed. The other plea of the petitioner was that the petitioner's name having been considered for empanelment on Central Deputation and he could not be repatriated. The Tribunal has held in the judgment that a borrowing department cannot be compelled to retain an officer on deputation.

(3.) The Tribunal held and in our view rightly that it was only connected with the punishment of censure awarded to the petitioner as the other pleas raised by him stood concluded by the dismissal of the Special Leave Petition by the Hon'ble Supreme Court against the order of the 2 of 5 CAT dated 05-01-96. We are in essence concerned with the violation of the rule 10 which led to the order of censure against the petitioner. Rule 10 reads as follows:-