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Central Administrative Tribunal - Ahmedabad

Manojkumar G Chaudhary vs Bcas on 26 June, 2023

                                  :: 1 ::                      O.A.No.179/2023




      CENTRAL ADMINISTRATIVE TRIBUNAL
           AHMEDABAD BENCH

                   O.A. No. 179/2023

            Dated this the 26th day of June, 2023

Manojkumar Ganeshchand Chaudhary
Aged 37 years, Occupation : Service
Religion : Hindu
Residing at 12, New Pushpak Society
New Indira Bridge, Hansol,
Sardarnagar, Ahmedabad
Gujarat 382 475............................................ Applicant

(By Advocate : Mr.Jeet J.Bhatt)

      VERSUS


1.    Union of India
      Notice to be served through
      The Secretary,
      To the Government of India
      Ministry of Civil Aviation
      Bureau of Civil Aviation Security,
      "A" Wing, I-III Floor, Janpath Bhavan
      Janpath, New Delhi 110 001.


2.    Regional Director
      BCAS, Ahmedabad Region
      Ahmedabad- 382 475 ...................... Respondents

                        O R D E R (ORAL)
           Per : Hon'ble Shri A.K.Dubey, Member (A)

Heard Mr. Jeet J.Bhatt, learned counsel for the applicant and perused the material on record.

2. The applicant, in this case, has been repatriated from the Bureau of Civil Aviation Security, Regional Office, Ahmedabad, which is under the Ministry of Civil Aviation. He was on deputation there w.e.f. 31.01.2018 for a stipulated period of five years. Thereafter, his deputation was extended upto 30.01.2024. Meanwhile, vide Office :: 2 :: O.A.No.179/2023 Memorandum dated 30.05.2023 (Annexure A/1), he has been repatriated to his parent cadre i.e. Sashastra Seema Bal (SSB) Headquarters with immediate effect. Para 2 of the said Office Memorandum reveals reasons for his repatriation.

3. Learned counsel for the applicant submits t hat Bureau of Civil Aviation Security falls within the jurisdiction of this Tribunal and recruitment by way of deputation is one of the methods mentioned in Column 11 of the Schedule to the Ministry of Civil Aviation (Bureau of Civil Aviation Security), Deputy Aviation Security Officer, Group 'C' Posts, Recruitment Rules, 2017 notified as GSR 873 (E) dated 13.07.2017. However, the applicant's Parent and Substantive Organization is Sashastra Seema Bal (SSB); Bureau of Civil Aviation Security had only borrowed his services on deputation in terms of enter in Column 11 of the Schedule indicated above.

4. We have gone through the papers as well as Notification regarding jurisdiction of this Tribunal. We find that this matter does not fall within the jurisdiction of this Tribunal and hence the OA is dismissed.

     (A.K.Dubey)                                    (Rameshwar Vyas)
      Member (A)                                       Member (J)




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