Delhi High Court
Gurinder Bir Singh vs Union Of India And Ors on 10 March, 2022
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: March 10, 2022
+ W.P.(C) 4113/2022
GURINDER BIR SINGH ..... Petitioner
Through: Mr. Shashank Kumar, Advocate with
Ms. Shalini Nair, Advocate and
petitioner in-person.
Versus
UNION OF INDIA AND ORS ..... Respondents
Through: Ms. Abha Malhotra, Advocate for
respondent Nos. 1 to 4 with Mr.
Hemandra Singh, Law Officer, BSF,
in-person.
Ms. Kaadambari, Advocate for
respondent No.5.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
J U D G M E N T (oral)
C.M. No.12254/2022 (exemption)
Exemption allowed, subject to just exceptions.
Application stands disposed of.
W.P.(C) 4113/2022 and C.M.12253/2022 (Interim relief)
1. The present petition has been filed by the petitioner under Article 226
of the Constitution of India praying as follows:
"i. Issue writ in the nature of mandamus or any other
writ/order/direction to the Respondent Nos. 2-4 to forward the
application of the Petitioner for appointment to the post of
Assistant Manager (Legal) on deputation basis in Respondent
No.5 - NHAI, as prescribed in the Notification issued by
Digitally Signed
By:SUNITA RAWAT
Signing Date:15.03.2022
13:00:32
Respondent No.5 (Annexure P-2),
ii. Direct Respondent No.5 to consider and process the
application of the Petitioner, along with supporting documents,
in terms of the Notification issued by Respondent No.5
(Annexure P-2), even if it receives the forwarded Application of
the Petitioner from Respondent Nos. 2-4 after 11.03.2022,
iii. Pass any other order which this Hon'ble Court may deem
fit."
2. Learned counsel for the petitioner submits that the petitioner has
applied for the post of Assistant Manager (Legal) on deputation basis
in respondent No.5/National Highway Authority of India (NHAI)
through his parent department i.e., the Border Security Force
(BSF)/respondent Nos.2 to 4. However, the said application of the
petitioner, which was forwarded to the BSF on 21.02.2022, has till
date not been forwarded by the BSF to NHAI as required by
applicable rules.
3. On the other hand, learned counsel appearing on behalf of respondent
Nos.1 to 4 submits that there is no absolute obligation upon the said
respondents to forward an application in every case; and in any case,
when they receive an application from an individual, the same has to
be forwarded to the concerned department for approval before
forwarding it to the organisation to which the applicant is seeking
deputation.
4. Learned counsel appearing on behalf of the petitioner has relied upon
paragraph 6 of Department of Personnel & Training (DoPT)
Digitally Signed
By:SUNITA RAWAT
Signing Date:15.03.2022
13:00:32
Guidelines dated 23.12.2013 which states the circumstances in which
an application should not be forwarded by the parent department.
Para 6 of the said guidelines reads as under:
"6. CIRCUMSTANCES IN WHICH APPLICATION
SHOULD NOT BE FORWARDED
Application of a Government servant for appointment, whether
by direct recruitment, transfer on deputation or transfer, to any
other post should not be considered/forwarded, if-
(a)(i) he is under suspension; or
(ii) disciplinary proceedings are pending against him
and a charge sheet has been issued; or
(iii) sanction for prosecution, where necessary has
been accorded by the competent authority; or
(iv) where a prosecution sanction is not necessary, a
charge-sheet has been filed in a Court of law against him for
criminal prosecution.
(v) where he is undergoing a penalty-no application
should be forwarded during the currency of such penalty.
(b) When the conduct of a Government servant is under
investigation (by the CBI or by the Controlling Department) but
the investigation has not reached the stage of issue of charge-
sheet or prosecution sanction or filing of charge-sheet for
criminal prosecution in a court, the application of such a
Government servant may be forwarded together with brief
comments on the nature of allegations and it should also be made
clear that in the event of actual selection of the Government
servant, he would not be released for taking up the appointment, if
by that time any of the situations in (a) above arises."
Digitally Signed
By:SUNITA RAWAT
Signing Date:15.03.2022
13:00:32
5. Admittedly, the case of the petitioner does not fall under para 6 of
DoPT Guidelines dated 23.12.2013.
6. In view of the above, respondents Nos. 2 to 4 are directed to forward
the application of the petitioner after verification of certificates of the
petitioner preferably by tomorrow i.e. 11.03.2022 by 06.00 p.m.; and
in the event of any unavoidable procedural difficulty, then in any case
within 03 working days from today.
7. We further direct NHAI/respondent No.5 to accept the petitioner's
application even if the BSF fails to forward the application to them
within time; and to give a grace period of upto 7 (seven) days for
receiving such application.
8. The writ petition is disposed-of with the above directions.
9. Pending application, being C.M. No.12253/2022, also stands disposed
of.
10. It is however made clear that the present order has been passed in the
specific facts of this case.
11. A copy of this judgment be given dasti to learned counsel for the
parties under the signatures of Court Master.
(SURESH KUMAR KAIT)
JUDGE
(ANUP JAIRAM BHAMBHANI)
JUDGE
MARCH 10, 2022/Ne
Digitally Signed
By:SUNITA RAWAT
Signing Date:15.03.2022
13:00:32
