RAVI KUMAR MATHUR Vs. UNION OF INDIA

JUDGEMENT

(1.) MR. R K Mathur and Mr. K L Sharma are members of Rajasthan higher Judicial Services (hereinafter referred to as RHJS, for short ). Both of them were appointed as Presiding Officers of Debt Recovery Tribunal at delhi. Notifications appointing them as Presiding Officers stipulated that they were appointed for a period of 5 years from the specified dates or till they attained age of 62 years, whichever was earlier.

(2.) BY two separate letters dated 6th July, 2006 and 21st July, 2006, high Court of Rajasthan sought repatriation of Mr. R K Mathur and Mr. K l Sharma, respectively from their posting as Presiding Officers to RHJS. Pursuant to theseletters, the Central Government informed the appellants that their posting as Presiding Officers was terminated and they stand repatriated.

(3.) THE appellants challenged their repatriation to RHJS by filing writ petitions. By the impugned judgment dated 7th September, 2006, the writ petitions have been dismissed. Learned Single Judge has held that the appellants had continued to retain their position as Judicial Officers of RHJS and being on deputation, the Rajasthan High Court could have recalled them at any time. It has also been held that Section 15 of the Recovery of Debts Due to Bank and Financial Institutions Act, 1993, (hereinafter referred to as "act", for short)relating to resignation and removal of Presiding Officer is not applicable as the tenure appointment of the appellants was subservient to the original appointment in RHJS. Reference was made to the concept of deputation "as expounded in the case of State of Punjab and Others v, indersingh and others, (1997) 8 SCC 372.