LAWS(APH)-2001-3-27

UNION OF INDIA Vs. S K JOSHI

Decided On March 28, 2001
UNION OF INDIA.DEPT.OF ECONOMIC AFFAIRS Appellant
V/S
S.K.JOSHI Respondents

JUDGEMENT

(1.) This Writ petition is directed against the order of the Central Administrative Tribunal, Hyderabad Bench in O.A. No. 1311 of 1998 dated 22-2-1999 as also the order passed in Review Application No. 37 of 1997 dated 24-6-1999.

(2.) The only question involved in this Writ petition is whether the assignment given to the 1st respondent herein to the position of Co-Director of India-Canada Environment Facility Project (for short 'ICEF'), a joint initiative undertaken by the Government of India and the Government of Canada, can be withdrawn or cancelled by the appellant herein on the ground that there was delay in taking up the assignment by the 1st respondent and whether the 1st respondent had acquired any right to the said assignment even if the delay in taking up the assignment could not be attributed to him?

(3.) A few facts leading to the controversy may be noticed: The Government of India and the Government of Canada, with the objective to enhance the capacity of Indian Institutions to promote and deliver sustainable development programmes addressing the environment in accordance with thrust areas identified in the relevant policy documents of Government of India, have jointly undertaken project called "India-Canada Environment Facility Project" and in relation thereto a Memorandum of Understanding was entered into by the two Governments on 20-10-1992. ICEF is a society registered under Societies Registration Act, 1860 and it is managed by a Managing Body consisting of representatives of Government of India and the Government of Canada and it will be headed by a Canadian Project Director and Indian Project Co-Director.