IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.212 of 2010 (S/S) Ajab Singh Negi .…Petitioner Versus Union of India & others … Respondents Mr. Kishor Kumar, Advocate holding brief of Mr. M.C. Pant, learned counsel for the petitioner. Mr. Vikas Pandey, Standing Counsel for Union of India. Hon’ble V.K. Bist, J. Heard learned counsel for the parties. On 22.01.1992 the petitioner was appointed as Police Constable on 22.01.1992 in Andhra Pradesh, Police Department. He was posted in District Krishna, Hyderabad. Thereafter, he was sent on deputation to the Security Wing, Intelligence Department, Hyderabad where he worked till 08.11.1999. On 05.11.1999 Inspector General of Police, Intelligence Andhra Pradesh, Hyderabad issued an order by which the petitioner was sent on deputation to the Subsidiary Intelligence Bureau, Government of India, Hyderabad. The petitioner worked in Subsidiary Intelligence Bureau, Government of India, Hyderabad from 09.11.1999 to 30.04.2002. On account of family problems, the petitioner made representation on 30.11.1999 to the Assistant Director 2 Subsidiary, Intelligence Bureau for considering his case for transfer to Dehradun/Haridwar/Rishikesh. On 18.03.2002 the Assistant Director Subsidiary, Intelligence Bureau transferred the petitioner to Dehradun. The petitioner joined his duties at Dehradun. After completion of five years of service on deputation the petitioner expressed his willingness to be absorbed in SIB, Dehradun. Superintendent of Police District Krishna, Andhra Pradesh wrote to Director General of Police Andhra Pradesh, Hyderabad on 19.04.2006 informing him that Joint Deputy Director SIB, Dehradun has requested to give concurrence for permanent absorption of the petitioner. By the said letter the Superintendent of Police informed the Director General that there is no objection if the petitioner is absorbed permanently in SIB, Dehradun. On 15.03.2007 the Director General of Police also requested Andhra Pradesh Government to issue no objection certificate for permanent absorption of the petitioner from Krishna district to S.I.B. (M.H.A.) Government of India. By the letter dated 15.03.2007 the State Government of Andhra Pradesh was also informed that the borrowing agency (Intelligence Bureau) is ready to take deputationists on permanent basis, whose services are imminent and required in large interest. Thereafter, Joint Deputy Director Subsidiary, Intelligence Bureau, Government of India, Dehradun requested the Government of Andhra Pradesh for giving necessary concurrence and no objection certificate as recommended by the Director General of Police, Andhra Pradesh, Hyderabad 3 to the Government of Andhra Pradesh (Home Department, Hyderabad). Learned counsel for the petitioner submitted that inspite of the aforesaid recommendation the Government of India has not taken any decision in the matter and on the other hand vide order dated 09.12.2009 the petitioner was relieved of his duties from SIB, Dehradun w.e.f. 15.12.2009 directing him to report to the Superintendent of Police Krishna after availing normal joining time as prescribed in the joining time rules. Learned counsel for the petitioner submitted that though there is no objection from Parent Department and also from the Borrowing Agency i.e. Intelligence Bureau but no decision has been taken by the Ministry of Home Affairs, New Delhi. He further submitted that in past also the Ministry of Home Affairs, Government of India has granted approval for absorption of several employees in Intelligence Bureau but in the matter of the petitioner no final decision is being taken. He also submitted that the case of the petitioner is similar to those who were absorbed in Intelligence Bureau. He prayed that respondent no.1 be directed to decide the representation of the petitioner expeditiously. Learned counsel for the respondents does not have any objection in case such direction is issued. In view of aforesaid facts and in view of submission of learned counsel for the parties, the writ petitioner is disposed 4 of with direction to the respondent no.1 to take final decision in the matter of the petitioner within a period of three months from the date of production of certified copy of the order. (Stay application no.2232 of 2010 also stands disposed of.) (V.K.Bist. J,) 06.04.2010 Arti 5