Raj Vir Sharma ORDER
Raj Vir Sharma, Member (J)
1. Applicant-Shri Sanjay Kumar has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:
"(a) To quash and set aside the impugned order dated 12.02.2017 and direct the respondents to allow the applicant to continue in FRRO/IB Headquarter till the conclusion of departmental enquiry initiated against him.
(b) To declare the action of respondents in repatriating the applicant prematurely as illegal and arbitrary and issue directions for considering the case of applicant for completion of deputation period of 3 years as well as further extension at par with other similarly placed persons as per OM dated 17.02.2016.
(c) To pass such other order or direction as deemed fit and proper by this Hon'ble Tribunal in the facts and circumstances of the present case, and in the interest of justice."
2. Resisting the O.A., the respondents have filed a counter reply. The applicant has also filed a rejoinder reply thereto.
3. We have carefully perused the records and have heard Shri M.K. Bhardwaj, the learned counsel appearing for the applicant, and Dr. Ch. Shamsuddin Khan, the learned counsel appearing for the respondents.
4. Brief Facts:
4.1 The applicant is a Sub-Inspector in the Border Security Force (BSF). Pursuant to a requisition submitted by the respondent-Intelligence Bureau (IB), the respondent-BSF asked for willingness from the interested personnel for appointment as Assistant Central Intelligence Officer-II (ACIO-II/G) in IB. The applicant submitted his willingness. Consequent upon his selection, the respondent-BSF, vide order dated 6.8.2014, placed the services of the applicant at the disposal of the respondent-IB for his appointment as ACIO-II on deputation basis for a period of three years from the date of his joining. After having been relieved by his parent unit, i.e., 12th BN, BSF, C/o. 56 APO, Tangdhar, Kupwara, on 30.8.2014, the applicant joined the respondent-IB on 10.9.2014. The normal period of his deputation was to expire on 9.9.2017.
4.2 After having undergone the basic training, the applicant was posted as Immigration Officer at Immigration Check Post (ICP), IGI Airport, New Delhi.
4.3 While performing his duties at IGI Airport, the applicant was found involved in some adverse activities. Violating the immigration rules, the applicant granted illicit immigration clearances to passengers holding Emigration Check Required (ECR) category Passport and Employment Visa going to Protectorate of Emigrants (POE) country without POE clearance. A case FIR No. 56/2016 dated 8.2.2016 was registered at the PS IGI Airport against the applicant for commission of offences punishable under Sections 420 and 120-B of the Indian Penal Code and Section 24 of the Immigration Act. He was arrested on 11.2.2016 and detained in custody for a period of 48 hours. He was, therefore, placed under suspension w.e.f. 11.02.2016, vide order dated 29.2.2016. The applicant was granted bail on 5.4.2016. His suspension was revoked by the respondent-IB, vide order dated 22.6.2016.
4.4 Thereafter, the respondent-FRRO issued Memorandum dated 30.1.2017 calling upon the applicant to submit an explanation on the aforesaid incident. The relevant portion of the said Memorandum dated 30.1.2017 is reproduced below:
"MEMORANDUM
On 08.02.2016, while undertaking a random check in Security Hold Area (SHA) at ICP, IGI Airport, New Delhi, the following passengers holding ECR category passport, however, without POE clearance, were observed to be departing for Dammam (KSA) on Employment Visa.
1. NAZMUDDIN (PP NO. J9658879)
2. MABOOD (PP NO. M7694620)
3. SHAH SAFIULLAH (PP NO. L3115179)
4. MATLO........