HARISH K DOGRA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER by this writ petition seeks a writ of certiorari for quashing the order dated 16/11/2006, passed by the Central Administrative Tribunal, principal Bench, dismissing OA No. 738/2006 filed by him. Petitioner in the above OA had challenged the order of recall dated 1. 3. 2006, passed by the respondents recalling the petitioner compulsorily from his posting at New zealand as High Commissioner of India. The Tribunal after considering the factual version as presented by the petitioner and the respondents, reached the conclusion that the order of recall passed by the respondents was in accordance with para 8 (2) (1) of Annexure 12 to the Indian Foreign Service (Pay, Leave and Compulsory Allowances) Rules (hereinafter referred to as "the IFS (PLCA) Rules" ). The Tribunal reached the conclusion that the conditions and circumstances for invocation of the Rule were in existence and that there was no ground for interference with the orders passed in exigencies of service.

(2.) LEARNED counsel for the petitioner prays that all consequential orders emanating from recall order dated 1/3/2006 be held as illegal, arbitrary, malafide ultra vires and violative of the Articles 14, 16,21 and 311 of the constitution of India. He further prays that the suspension orders dated 6/7/2006 and 16/7/2006 be also set aside.

(3.) BEFORE dealing with the grounds sought to be urged in the present writ petitions, the facts relevant for disposal of this writ petition may be briefly noted.