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2. The applicant submits that pursuant to the advertisement No.1/2011 issued by the Council of Scientific and Industrial Research(CSIR) inviting applications to hold the position of Director in two of its laboratories namely CECRI, Karaikudi and at CFTRI, Mysore(Annexure-A4), he applied for the post of Director at CFTRI. After being shortlisted, he was interviewed by the selection committee and was recommended for the post of Director at CFTRI, Mysore. Thereafter vide OM dtd.18.7.2012(Annexure-A5), he was appointed to the post of Director for a period of 6 years or till the age of superannuation, whichever is earlier and he joined the post on 2.8.2012. He submits that the CFTRI(Central Food Technological Research Institute) is one of the research laboratories under the control of CSIR, New Delhi which is governed by Memorandum of Association, Rules & Regulations and Bye-Laws framed by its Governing body. In exercise of powers pertaining to recruitment and promotion of all categories of staff of the society, the recruitment rules 2008 for the post of Director of CSIR Laboratory were framed. According to Clause 10 of the recruitment rules 2008, the post of Director is to be OA.No.170/00467/2017/CAT/Bangalore Bench appointed by the President of the CSIR, i.e. the Hon'ble Prime Minister of India for a tenure period of 6 years or till superannuation whichever is earlier. After joining the CFTRI, the applicant also functioned as Acting Director in the Academy of Scientific and Innovative Research, Chennai vide OM dtd.9.12.2014(Annexure-A6).

3. The applicant submits that while he was working as Director CFTRI for the past five years and has not completed his tenure, all of a sudden, the 2 nd respondent by an official memorandum dtd.25.8.2017(Annexure-A8) transferred him from CFTRI, Mysore to CSIR Headquarters as Director(Special Projects and Initiatives) with immediate effect, without assigning any reasons whatsoever except stating that it is in public interest. Further vide office memorandum dtd.28.8.2017(Annexure-A9) he was relieved as Director of CFTRI, Mysore with immediate effect and directed to report to CSIR Headquarters, New Delhi. The applicant was also served with a relieving OM issued by the Controller of Administration without following the procedural handling over and taking over. He submits that orders of transfer and relieving are without authority of law and without jurisdiction as Director General is not competent to have curtailed the tenure of the applicant and relieving him from the post. Since the applicant was suffering from Bronchitis with post-viral asthenia, he was advised to take leave from 27.8.2017 to 3.9.2017(Annexure-A10).

7. The respondents have filed a reply statement in which they have mentioned that the applicant was initially appointed as Director at CSIR- CIMAP, Lucknow for a period of six years with the approval of the Prime Minister as the President, CSIR and he joined as Director, CSIR-CIMAP w.e.f. 4.4.2009 on foreign service terms. Later he was appointed as Director, CSIR-CFTRI, Mysore for a period of six years with the approval of the Prime Minister as the President, CSIR and he joined as Director at CSIR-CFTRI w.e.f. 2.8.2012. He had taken VRS from his parent organisation i.e. Indian Institute of Science, Bangalore and submitted a request in CSIR to get himself absorbed against the position of Scientist- H/Outstanding Scientist(equivalent to Director) as per clause 13 of his offer of appointment as Director, CSIR-CFTRI. However, his request for permanent absorption in CSIR is still pending for consideration. As per the recruitment rules, the position of Director in CSIR is a tenure post and appointment is made for a period of six years on contract with the clause that incumbent is liable for transfer to any of the establishment under the administrative control of the Council anywhere in India.

'Considering the facts and circumstances of the case, the Prime Minister has directed CSIR to explore the possibility of shifting the applicant, Director, CSIR-CFTRI from the post of Director, CFTRI with immediate effect to some other CSIR institution(without administrative responsibilities)'.

OA.No.170/00467/2017/CAT/Bangalore Bench

9. The respondents submitted that there have been deliberations and discussions internally at CSIR Hqrs. to put in place a suitable system to conceptualize, strategize, coordinate, plan, implement and monitor projects, schemes and new initiatives. The respondents further submitted that the relocation of the applicant from CSIR-CFTRI to CSIR Hqrs. is a considered administrative decision taken by the competent authority i.e. Vice President, CSIR on direction of the President, CSIR taking into account of various facts and circumstances and in public interest. The applicant has declined to receive the official communication regarding his transfer on 25.8.2017 and hence the transfer order as well as the order of subsequent relief from CSIR-CFTRI were sent by email to his official email ID. Instead of receiving the transfer order and relieving order, the applicant who was holding a leadership position in a premier scientific organisation of the country has submitted a leave application on medical ground supported by a medical certificate which appears as deliberate action only to avoid complying with the CSIR order. They further submitted that there is no need for invoking clause of CCS(CCA) which is applicable in case of misconduct and subsequent intention of imposing penalty and hence the clause of CCS(CCA) is not relevant in the present case. As per clause 5 of terms and condition of his appointment he is liable to be transferred to any establishment under the administrative control of the Council. The applicant was offered the position of Director with this condition and he joined the post only after accepting the same. Therefore, in no way his transfer in the interest of organisation can be termed as arbitrary and illegal. The reference of the applicant to the letters dtd.7.2.2017 and 13.2.2017 only pertains to forwarding of his applications for outside employment and it has nothing to do with the report of the Fact Finding Committee and the subsequent alleged clean chit given to him. They further stated that the contention of the applicant that by transferring him to CSIR Hqrs. he will be denied the chance to become Director General of CSIR which is falling vacant shortly is also misleading. The tenure of the present DG, CSIR & Secretary, CSIR is up to 23.8.2018 whereas the applicant's tenure as Director is up to 1.8.2010. Moreover his working at CSIR Hqrs. is no way connected to the process of selection/appointment of DG, CSIR whenever it falls vacant. Moreover, on his transfer, the seniority among the Directors of CSIR is no way altered.