CHHOTELAL SHAKYAWAR Vs. STATE OF MADHYA PRADSH

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution, the petitioner has challenged the order, Annexure P/1 dated 2.3.2013, whereby the petitioner is repatriated to his parent department.

(2.) SHRI D.K.Katare, learned counsel for the petitioner submits that the petitioner was taken on deputation by the respondents. Thereafter he was placed under suspension by order dated 5.10.2012 (Annexure P/4). However, suspension was revoked on 10.1.2013 (Annexure P/6). Thereafter the petitioner was sent on deputation by Annexure P/9 dated 30.1.2013. The petitioner was relieved and submitted his joining at Gwalior in obedience of Annexure P/9. However, the respondents have repatriated him by impugned order.

(3.) PER Contra, Smt. Patankar supported the order and submits that the petitioner was taken on deputation initially on 30.9.2008.He has completed the maximum period prescribed for deputation, i.e., four years as per GAD Circular dated 6.1.1986 (Annexure R/3) and, therefore, the petitioner has no enforceable right to continue on deputation. She submits that the reasons assigned in Annexure P/1 are justifiable for repatriating the petitioner. No legal right of the petitioner is infringed.