CHURAMONI SUBEDI Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Heard Mr. P.D. Nair, learned Counsel for the Petitioner, and Mr. R. Sharma, learned Asstt. S.G.I., appearing on behalf of the Respondent s.

(2.) The material facts, as discernible from the hearing of the parties and on perusal of the records may, in brief, be set out as under:

(3.) On having completed more than 3(three) years of service in SIB, the Petitioner, on 19.9.2007, made a representation to the Respondent No. 5, namely, Assistant Director/(A), Subsidiary Intelligence Bureau, Guwahati, requesting him to consider the Petitioner's case for permanent absorption. Acting on the Petitioner's said representation, Respondent No. 5 issued an order, dated 22.4.2008, addressed to the Respondent No. 3, namely, Director General, SSB, requesting concurrence of the SSB and also issuance of a No Objection Certificate by the SSB for permanent absorption of the Petitioner and one more person in the SIB. By memorandum, dated 23.7.2008, issued by the Section Officer/(G), SIB, the Petitioner was requested to submit duly filled up forms for his absorption in the IB. By another memorandum, dated 18.8.2008, respondeat No. 6, namely, Additional Deputy Director, SIB, with the approval of the Respondent No. 5, namely, Joint Director, SIB, recommended the Petitioner's case for permanent absorption and also issued an order, dated 17.12.2008, requesting Respondent No. 3, namely, Director General, SSB, to give concurrence and requisite NOC in order to enable the IB to permanently absorb the Petitioner. By order, dated 7.1.2009, issued by the Assistant Director, SSB, the SSB expressed its inability to issue NOC for the Petitioner's absorption and also the absorption of some others, namely, Jadab Kumar Dutta, Manoj Kumar Gogoi, Milan Ch. Shil, C.M. Subedi and Siddharth Baruah.