Facts
The applicant was initially placed on deputation by order dated 29 July 2021 for one year.
Source reference: para. 1His deputation was extended periodically and ultimately expired on 30 July 2026 upon completion of the extended term.
Source reference: para. 1The applicant previously approached the Tribunal in O.A. No. 722/2026, which was disposed of on 29 July 2026 with a direction to the respondents to consider and decide his representation.
Source reference: para. 2Pursuant to that direction, the respondents considered the representation and passed an order dated 30 July 2026, which the applicant challenged in the present proceedings.
Source reference: para. 2The applicant contended that the decision concerning his deputation should have been taken by the Director General (Staff) under Clause (c) of the Guidelines regarding deputation of staff within the Indian Audit and Accounts Department.
Source reference: para. 5Issues
Whether the non-extension of the applicant’s deputation beyond the sanctioned period required a decision by the Director General (Staff) under Clause (c) of the applicable deputation guidelines
Source reference: paras. 5–9Whether the applicant had a legal or vested right to seek continuation or extension of his deputation after expiry of the sanctioned term
Source reference: para. 11Whether the impugned order dated 30 July 2026 suffered from any illegality or infirmity warranting interference by the Tribunal
Source reference: para. 12Law Applied
Clause (c) of the Guidelines regarding deputation of staff within the Indian Audit and Accounts Department provides that deputation beyond five years and up to seven years may be considered by the Director General (Staff) on a case-to-case basis, subject to specified conditions, including a request supported by the borrowing office’s no-objection certificate and cogent reasons.
Source reference: para. 5The Tribunal interpreted this provision as requiring consideration by the Director General (Staff) only where an extension beyond five years is proposed, and not where the deputation is simply allowed to expire at the end of its sanctioned term.
Source reference: paras. 7–9The Tribunal further applied the principle that a deputationist has no vested right to claim extension of deputation; extension depends upon the decision of the competent authority and cannot be demanded as a matter of right.
Source reference: para. 11It also held that the cited guidelines were inapplicable because the applicant was deputed from the Indian Audit and Accounts Department to the State PWD/State PHE, rather than being deputed within that Department.
Source reference: para. 10Reasoning
The Tribunal distinguished between an affirmative decision to extend deputation and the automatic expiry of an already sanctioned deputation.
Source reference: paras. 7–9Clause (c) was held to operate only when deputation is proposed to continue beyond five years; it did not require the Director General (Staff) to pass a separate order declining extension.
Source reference: paras. 7–9Since the applicant’s deputation was sanctioned only up to 30 July 2026, it automatically terminated on that date, and no formal order of non-extension was legally necessary.
Source reference: paras. 8–9In any event, the guidelines relied upon by the applicant concerned deputation within the Indian Audit and Accounts Department and therefore did not govern his deputation to the State PWD/State PHE.
Source reference: para. 10The applicant also could not claim continuation as of right because extension of deputation remained discretionary.
Source reference: para. 11Holding
The Tribunal held that the applicant’s deputation automatically came to an end on 30 July 2026 and that the Director General (Staff) was not required to separately approve or reject its non-extension.
The relied-upon departmental guidelines were additionally found inapplicable, and the applicant was held to have no vested right to extension of deputation.
Source reference: paras. 10–11Finding no illegality or infirmity in the impugned order dated 30 July 2026, the Tribunal dismissed O.A. No. 752/2026, with no order as to costs; pending miscellaneous applications, if any, were also closed.
Source reference: paras. 12–14Original Court PDF
DEENDAYAL JANGIRvsCOMPTROLLER AND AUDITOR GENERAL OF INDIA
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