UNION OF INDIA Vs. DILIP BHUSAN

JUDGEMENT

(1.) This application is directed against the order dated September 28, 1999 passed by the Central Administrative Tribunal. Calcutta Branch, in O.A. No. 1180 of 1995 whereby and whereunder the writ application filed by the respondent herein was disposed of directing:

(2.) The fact of the matter has been stated in great detail by the learned Tribunal. However for the purpose of final disposal of this application suffice it to point out that the private respondent was a permanent employee of Civil Aviation Department. He was deputed to the National Airport Authority. Option was sought for from him as to Whether he wants to repatriate to his parent department or not. According to the petitioner, without being aware of the full fact and in particular the fact that in the meantime the post held by him in the Civil Aviation Department itself has been abolished as also the fact the post which he had been holding and the entire cadre have been, transferred to the National Airport Authority, exercised his option for going back to the parent department. However the petitioner made a representation while working in the National Airport Authority to cancel his option for. non-absorption in the N.A.A. whereafter he was appointed as an Accountant in the Geological Survey of India. With a grievance, that an option has been obtained from the applicant without disclosing the full fact, an. application was filed before the Tribunal. The learned Tribunal upon consideration of the entire matter has arrived at a finding of fact which is to the following effect:

(3.) The learned Tribunal upon taking into consideration the averments made by the parties as also the supplementary affidavit held: