Delhi High Court Issues Notice On Plea Filed By Junior Intelligence Officer Against Being Repatriated From Service

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The Delhi High Court issued notice on a plea filed by a Junior Intelligence Officer against the alleged wrongful and arbitrary action of the Intelligence Bureau of rejecting his representation from being absorbed in service and relieving him from his deputation.

A division bench of Justice Jyoti Singh and Justice Anoop Kumar Mendiratta refused to pass an interim order directing the IB to absorb the petitioner into service. However, the bench issued notice to both, the Intelligence Bureau (IB) and the Union of India, with the direction to file their response to the said petition. 

The counsels for the petitioner, Adv Abhishek Ritabh Shukla and Adv Rudrashish Bhardwaj , assailed the memorandum and relieving order dated June 10, 2022 passed by the IB. The petitioner claimed that the said memorandum and relieving order was in direct violation of the order dated May 31, 2022 passed by the Delhi High Court in Writ Petition WP(C) 8703/2022.

The petitioner argued that he had joined the Indo Tibetan Border Police department under the Ministry of Home Affairs as a Constable/GD in 2002 and had served the department for 15 years.

In 2017, when the petitioner was diagnosed with Ankylosing Spondylitis, he was selected for deputation in the IB as Junior Intelligence Officer for 5 years and served at the Bureau of Immigration at Indira Gandhi International Airport, New Delhi. His period of deputation expired on June 11, 2022. 

The petitioner argued that Low Medical Category personnel are ordinarily permitted to be absorbed in any department where they are working on deputation. Thus, the action of the IB in refusing to absorb him is wrongful and arbitrary. 

The matter has been listed for hearing on July 12th. 

Cause Title:- Rajmani v Union of India