Lalit Kumar vs State of Bihar and Others

The Appellant-Petitioner has preferred this appeal against the order of the learned single judge dated 5.1.2002 passed in CWJC. No. 10225 of 2001 by which the Appellant-Petitioner''s repatriation to the parent department has been upheld.

The contention of learned Counsel for the Appellant-Petitioner is that by the impugned order as contained in Annexure-6 to the writ petition, the authorities of the Transport Department having found the services of the writ Petitioner unsatisfactory in the Transport Department directed for his repatriation. Such repatriation with a stigma should not be allowed and the Appellant-Petitioner if required to be repatriated should be done honourably.

The contention of the Appellant Petitioner itself is that he was holding the rank of the Deputy Superintendent of Police in the Police department and was on deputation in the Transport Department from the year 1999. The Transport authorities by the impugned order finding his services not to their satisfaction repatriated him to his parent department.

A deputationist does not have any right to hold a post in the department where he/she is on deputation. He can only be there till the requirement of the department where he/she has been deputed. They hold substantive post in the parent department and can be sent back to the department at any time and as, in the present case, Appellant has been on deputation for nearly three years, we are satisfied that the learned writ Court has rightly repelled the submission of the Appellant-Petitioner, and also as no other apparent error has been shown on the order in the writ petition requiring interference by this Court.

Dismissed.