Service rules
Querist :
Anonymous
(Querist) 05 February 2018
This query is : Resolved
If "X" is appointed on deputation i.e officiating on a post. The post being a tenure post i.e permanent post under FR 14. The statutory powers ( issue of charge sheet )are conferred on permanent post.
considering that "X" is not appointed substantively but only on deputation ( officiating)
and further considering that "X" is holding some other lower post in "Y organisation substantively and that he has not severed his links from the post held by him in substantive capacity.
Can "X" discharge statutory functions ( charge sheet) of the said post on which he is officiating
FACTS: X holding lower post in Y organisation in substantive basis is appointed on deputation to heigher post in Z organisation against a tenure post ( permanent post) on deputation ( temporary)
Q whether X could discharge statutory functions of tenure post ( permanent post ) that he is holding on deputation in Z organisation
where powers are conferred on permanent post in Z organisation
And powers not conferred on X in Y organisation where X is holding the post substantively
Q if X could discharge the statutory functions withoiut title to lien to post in Z organisation whereas X hild the lien in lower post in Y organisation
Comparing Tennure posts of Members of tribunal/ high court/ president/ governor who hold tenure post with title to lien of the post
Guest
(Expert) 05 February 2018
Seemingly a hypothetical academic query only. Can you state, which department/ organization has prescribed in its rules that an officer appointed on a permanent tenure post cannot act as a disciplinary authority?
Sudhir Kumar, Advocate
(Expert) 05 February 2018
why cant you describe problem instead of making it algebra riddle.
Sri Vijayan.A
(Expert) 05 February 2018
Definitely, you are in problem and you need a solution.
Please tell the full facts, you can get clear advises.
Querist :
Anonymous
(Querist) 06 February 2018
Q: whether an officer of central government could be appointed by method of deputation to tenure posts
dilemma is (1) Tenure posts are permanent posts whereas deputation is temporary transfer
Eq Members of tribunal/ high court judges etc all are tenure posts and I have no knowledge if persons could be appointed to such tenure posts without severing there links from previous employment
on similar analogue one such body where there 4 posts of members with fixed tenure of 5 years whether rules of recruitment could provoide deputation as method of appointment
In cases like Director AIIMS or posts of chairman CEGAT tribunal persons appointed were not allowed to go back thrir original post which they were holding on the grounds that person do not superannuate from tenure posts but relinquishes the charge of the post upon expiry of tenure.
Sudhir Kumar, Advocate
(Expert) 06 February 2018
You have just not been able to describe any problem faced by you.
Guest
(Expert) 06 February 2018
You have not replied my question. Don't try to make hodgepodge (khichdi) of various recruitment rules. All rules are not of similar character. Discuss what exactly is your own problem, if desirous of seeking help of experts.
Querist :
Anonymous
(Querist) 06 February 2018
Recruitment rules of a statutory post which is tenure post of 5 years , provide appointment on deputation basis
if this could be challenged in court of law
Guest
(Expert) 06 February 2018
Anything can be challenged in the court of law on the merits of the case. But I wonder, if you can find any real solution to the problem, when you are so secretive and hesitant to make clear the real problem and its background.
In fact, instead of discussing any specific problem in a systematic way, you have been switching over from one issue to another issue time and again, like the disciplinary powers of an officer on deputation on officiating basis, tenure of Members of Tribunal/ High Court judges, Director AIIMS, Chairman CEGAT and recruitment rules of statutory post. Nobody can guess, what exactly you want to ask.
So, first decide, what you want to know and then come forward with some real problem, if you have any, along with its background.
Guest
(Expert) 06 February 2018
Even if you challenge in the court of law, you are likely to make mix up of several issues in one, as you seems to be unsure what exactly is your problem to be referred to the court for decision.
Sudhir Kumar, Advocate
(Expert) 07 February 2018
If you have to challange any provision you file a petition.
for filing petition you will pay and consult a lawyer.
even after receiving payment the lawyer cannot advise you without facts.
