IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15294 of 2008(U)
1. JOSEPH V.R, AGED 41 YRS,
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY DIRECTOR
... Respondent
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble MR. Justice V.GIRI
Dated :26/05/2008
O R D E R
V.GIRI, J
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W.P.(C).15294/2008
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Dated this the 26th day of May, 2008
JUDGMENT
Petitioner, who was a constable in the Border
Security Force applied for deputation in the Central
Bureau of Investigation and was originally sent on
deputation as per Ext.P1 order dated 7.2.2002. It was
extended by a further period of two years as per Ext.P2
order. In the meanwhile, as evidenced by Exts.P3 and P4,
Central Bureau of Investigation has considered the
absorption of Constables/Head Constables who have been
serving in their department on deputation for a period of
four years. Apparently, petitioner is desirous of availing
the said opportunity, but is aggrieved that respondents 1
and 2 have not forwarded the ‘No Objection Certificate’.
Hence the writ petition.
2. Learned Standing counsel for respondents 1 and 2
submits that the petitioner has not approached
respondents 1 and 2 for NOC, expressing absence of any
objection in the matter of absorption of the petitioner by
W.P.(C).15294/2008
2
the CBI. Obviously respondents 1 and 2 cannot be
faulted with, if there has been no request on the part of
the petitioner .
3. After having heard learned counsel for the
petitioner, learned counsel for respondents 1 and 2,
and the learned Standing Counsel for CBI, writ petition
is disposed of in the following terms:-
If the petitioner approaches respondents 1
and 2 for an NOC, for the purpose of
enabling him to be considered by the CBI
for absorption into CBI in terms of Exts.P3
and P4 within a period of two weeks from
today, respondents 1 and 2 shall take a
decision on his request in that regard
within one month thereafter.
V.GIRI,
Judge
mrcs