ASI RAJ KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought the quashing of order (annexure-P.6) dated 12.8.1993 issued by respondent No.2 repatriating him to his parent force, namely, Border Security Force.

(2.) The petitioner joined the Border Security Force (for short B.S.F.) as Constable (Wireless Operator) in 1978. He was promoted as Naik on 1.5.1981; as Head Constable on 1.8.1986 and as Assistant Sub Inspector (Radio Mechanic) on 30.1.1989. On a requisition from Special Protection Group; (hearinafter referred to as "the S.P.G."), a newly raised force, the petitioner requested for being sent on deputation to the said organisation.

(3.) It is alleged by the petitioner that after thorough scrutiny of his service record, he was interviewed by a Board of Officers of S.P.G. and was duly selected for deputation. On 2.2.1993, order (annexure-P.1) was issued approving the officials of B.S.F. including the petitioner for duty in S.P.G. on deputation for a period of six years, subject to the condition that there can be pre-mature repatriation by S.P.G. on the grounds of unsuitability, indiscipline or exigencies of service etc. The only condition stiplated in the order of deputation was that the final decision about induction of the invididuals in S.P.G. would depend upon successful completion of S.P.G. Foundation Course. No where in the order it was mentioned that the petitioner's selection was provisional. It is the petitioner's case that he successfully completed the Foundation Course in May1993 and on 18.6.1993, he was served with the order of repatriation.