Court No. - 38
Case :- WRIT - A No. - 14312 of 2019 Petitioner :- Manoj Kumar Sharma And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satya Prakash Singh,Bajrang Bahadur Singh Counsel for Respondent :- C.S.C.,Sanjay Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Sri Sanjay Kumar Yadav for the C.B.I.
Following orders were passed in the matter on 18.9.2019:-
"Sri Gyan Prakash, learned ASGI assisted by Sri Sanjay Kumar Yadav has entered appearance on behalf of Central Bureau of Investigation.
Petitioners are substantively appointed Constables in U.P. Police. They were sent on deputation to CBI in 2013. It appears that their claim for absorption in CBI is under active consideration and a no objection certificate has been solicited from the U.P. Police. Grievance of the petitioners is that despite repeated letters sent by the CBI, the Police Department has not responded so far, and the petitioner's claim for absorption stands deferred for such reason.
Learned Standing Counsel may obtain instructions in the matter.
Post as fresh on 30.9.2019."
Learned Standing Counsel has obtained instructions, which is taken on record. As per the instructions, there are Government Orders, which regulates the grant of approval to an employee, who is on deputation, for being absorbed in the borrowing department. Copy of the instructions has been furnished to the counsel for the petitioners.
Be that as it may, this Court finds that though a recommendation has been made by the police department to the State Government for grant of no objection to petitioners' absorption but a final decision is yet to be taken in the matter.
In that view of the matter, it would be appropriate to dispose of this writ petition with a direction upon respondent no.2 to take an appropriate decision upon the request conveyed by the Additional Director of Police (Establishment), dated 22nd March, 2018 for grant of permission to the petitioners for being absorbed in the Central Bureau of Investigation. The required decision would be taken within a period of two months from the date of presentation of certified copy of this order.
Writ petition, accordingly, stands disposed of.
Order Date :- 30.9.2019 Anil