IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 15294 of 2008(U) -------------------------- PETITIONER: ------------ JOSEPH V.R, AGED 41 YRS, LATE C.C.RAPHAEL, VETTUVAZHIYIL HOUSE, AVALUKKUNNU P.O., SOUTH ARYAD, ALAPPUZHA. (WORKING AS CONSTABLE OFFICE OF THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION,KALOOR P.O., COCHIN). BY ADV. SRI.G.PRIYADARSAN THAMPI SRI.V.GOPIKRISHNA RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY DIRECTOR GENERAL, BORDER SECURITY FORCE, BLOCK NO.3, C.G.O.COMPLEX, LODHI ROAD, NEW DELHI. 2. THE COMMANDANT, BORDER SECURITY FORCE, 116 BATTALION, MAHISHPUR, RAIGANCH DISTRICT, NORTH BENGAL. 3. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, C.G.O.COMPLEX, LODHI ROAD, NEW DELHI. 4. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, KALOOR P.O., COCHIN. BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R3,4 SRI.GEORGE JOSEPH, ADDL.CGSC FOR R.1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).15294/2008 -------------------- Dated this the 26th day of May, 2008 JUDGMENT Petitioner, who was a constable in the Border Security Force applied for deputation in the Central Bureau of Investigation and was originally sent on deputation as per Ext.P1 order dated 7.2.2002. It was extended by a further period of two years as per Ext.P2 order. In the meanwhile, as evidenced by Exts.P3 and P4, Central Bureau of Investigation has considered the absorption of Constables/Head Constables who have been serving in their department on deputation for a period of four years. Apparently, petitioner is desirous of availing the said opportunity, but is aggrieved that respondents 1 and 2 have not forwarded the 'No Objection Certificate'. Hence the writ petition. 2. Learned Standing counsel for respondents 1 and 2 submits that the petitioner has not approached respondents 1 and 2 for NOC, expressing absence of any objection in the matter of absorption of the petitioner by W.P.(C).15294/2008 2 the CBI. Obviously respondents 1 and 2 cannot be faulted with, if there has been no request on the part of the petitioner . 3. After having heard learned counsel for the petitioner, learned counsel for respondents 1 and 2, and the learned Standing Counsel for CBI, writ petition is disposed of in the following terms:- If the petitioner approaches respondents 1 and 2 for an NOC, for the purpose of enabling him to be considered by the CBI for absorption into CBI in terms of Exts.P3 and P4 within a period of two weeks from today, respondents 1 and 2 shall take a decision on his request in that regard within one month thereafter. V.GIRI, Judge mrcs