Central Administrative Tribunal Delhi Udai Pal Singh S/O. Late Bhagmal Singh vs Union Of India (Uoi) (Through ... on 1 February, 2007 Equivalent citations: [2007]3SCL284(NULL) ORDER V.K. Agnihotri, Member (A) 1. In this OA the applicant has sought the following reliefs: (a) Quash and set aside the order dated 27.10.2006 (Annexure A1) and dated 08.07.2005 (Annexure A2) and declare the same as illegal and arbitrary. Hold and declare that the applicant stands deemed absorbed in the Intelligence Bureau. Direct the respondents to consider/reconsider the applicant for permanent absorption in IB in a fair and reasonable manner vis`vis his juniors and other similarly situated persons, i.e. those who already stand absorbed in the Intelligence Bureau. Direct the respondents to pass appropriate orders, absorbing the applicant from the date of joining the Intelligence Bureau. Any other order that may be deemed fit and appropriate in the circumstances of the case may also be passed. 2. The bare facts of the case, shorn of all embellishments, are that the applicant joined the Border Security Force (BSF, for short) as a Constable on 10.04.1987. Respondent No. 3, vide orders dated 06.07.1999 and 25.08.1999, placed the services of the applicant, among others, at the disposal of the Intelligence Bureau (IB, for short) on deputation. The applicant joined IB on 24.09.1999. IB, vide order dated 08.07.2005, repatriated the applicant to BSF w.e.f. 31.07.2005. The applicant, thereupon, filed OA No. 1565/2005 challenging the said repatriation order. During the pendency of the said OA, the repatriation order of IB dated 31.07.2005 (supra) was stayed by the Tribunal's interim order dated 22.07.2005. Thereafter, this Tribunal disposed of the OA, vide final order dated 28.07.2006, with the following direction to the respondents: 11. In the result, for the foregoing reasons, we dispose of this OA with a direction that the claim of the applicant for permanent absorption be reexamined and also to be taken up and processed in accordance with rules and suitability of the applicant and thereafter a final decision shall be taken on consultation with the parent department within a period of three months from the date of receipt of copy of this order. It goes without saying that status quo of the applicant as of date shall be maintained till then. No costs. 3. In compliance of the order of this Tribunal aforementioned, respondent No. 3 issued the impugned order dated 27.10.2006, as follows: ORDER In compliance with CAT, PB, New Delhi Order dated 28.7.2006 delivered on OA No. 1565/2005 Shri Udai Pal Singh, SA/G, PIS No. 109304, a deputationist Constable ( No. _434031), BSF is repatriated to his parent department and stands relieved of his duties from the Intelligence Bureau Hqrs. New Delhi with effect from the afternoon of 31102006, with the direction to report to the Deputy Commandant/Estt. Directorate General, BSF, Block No. 10, CGO Complex, Lodhi Road, New Delhi03. Sd/ JOINT DIRECTOR/E 4. Thereupon, the applicant filed the present OA. On 31.10.2006, when the OA came up for admission, this Tribunal ordered interim stay of the impugned order, which has continued till date. In the meanwhile, the respondents filed MA No. 2336/2006 seeking vacation of the stay order granted by this Tribunal aforementioned. 5. The applicant has stated that Rule 6 of the IB (NonGazetted Executive Posts) Recruitment Rules, 1982 [Recruitment Rules, for short], empowers Central Government to relax any of the provisions of the Recruitment Rules ibid. Mode of appointment of Security Assistants is 75% by direct recruitment from open market and, 25% by deputation/transfer. However, as per O.M. dated 13.01.1992, issued by the IB, subject to certain conditions, i.e. good service record, officers from these organizations can be absorbed. As per these instructions, read with instructions on deputation, issued through DoPT O.M. dated 05.01.1994, which supplement the rules and are in no manner inconsistent with it, provision for absorption of deputationists shall be deemed to exist in the Rules. 6. The applicant has further stated that as per the Recruitment Rules of Security Assistants in the IB, it is open to take on deputation/transfer suitable persons of State Police or Central Police Organization and the period of deputation should not ordinarily exceed 5 years but may be curtailed or extended as per the Government of India's instructions contained in the O.M. dated 05.01.1994 (supra). These instructions, which are part of the Statutory Rules and supplement them, are not contrary to the same. As the Rules are silent on absorption, these instructions are to be treated as Rules for absorption. It is further submitted that as per para 4 (iv) of O.M. dated 13.01.1992, the cases of absorption should be processed six months in advance of the expiry of the deputation period and if the officer is not willing to be