Union of India & Anr. VERSUS S.N. Maity

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5983 OF 2007

Union of India & Anr. … Appellants

VERSUS

S.N. Maity & Anr. …Respondents

The facts which are requisite to be stated are that the 1st respondent was working as a Scientist E-II in the Central Mining Research Institute (Council of Scientific and Industrial Research). On 29.07.2003, he was appointed on deputation to the post of Controller General of Patents, Designs and Trade Marks ((for short, ‘CGPDTM’). After serving there for one year, by order F.No. 8/52/2001-PP&C dated 31.8.2004, he was repatriated to his parent department. The said order was challenged before the tribunal contending, inter alia, that he could not have been pre-maturely repatriated to his parent department and there had been a violation of the principle of audi altram partem. The said stand of the 1st respondent was contested by the authorities of Union of India proponing, inter alia, that he had no right to continue in the post as he was on deputation. Be it stated, some reliefs were claimed with regard to the TA bills and salary for certain period. The tribunal accepted the stance put forth by the Union of India and dismissed the Original Application. However, as far as payment regarding T.A. and salary for certain period is concerned, the tribunal directed that the same should be decided by the respondents after due verification in accordance with law….read more