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Judgment
The applicant has filed the present Original Application seeking the following relief(s):-
“8.(a) quash the order No. 3(360)/2010-E.I passed by the Administrative Officer with the approval of the Director, CSIR-NIScPR (Annexure A-1 to the O.A) and;
(b)Pass such other and further order as this Hon’ble Tribunal may deem just and proper in the facts and circumstances of the case.”
The Learned counsel for the applicant informed that the applicant has applied for sabbatical leave for one year to go as Visiting Professor, Dalhousie University, Faculty of Engineering, Department of Industrial Engineering, Halifax, Canada for the Academic Session 2023-2024, which was denied by the Administrative Officer, CSIR-NIScPR, i.e. respondent No.2, vide OM No. 3(360)/2010-E.I dated 07.08.2023 in the interest of the Institute. Subsequently, the applicant applied for Earned Leave on personal ground to undertake that visit. However, the respondent No.2 has not acceded to the same due to pending vigilance case against her vide OM No. 3(360)/2010-E.I dated 25.08.2023. Thus, there is two stage rejection of her leave.
Learned counsel for the respondents argued that no such leave can be granted to the applicant as she cannot be allowed to take such assignment on personal leave.
The counsel for the applicant informs that during the course of the pending vigilance matter, his client has been allowed to take leave to take similar assignment abroad in the past and vide letter dated 20.06.2022, she was allowed deputation for two months from 27.05.2022 to 02.08.2022 to carry out research at College of Information, Department of Information Science, University of North Texas, USA.
Learned counsel for the applicant further strengthen his arguments and states that the applicant has been allowed to apply for this assignment at Dalhousie University, Department of Industrial Engineering, Halifax, Canada and on intervention of the Hon'ble High Court of Delhi, the respondents issued NOC for visa and travel. The Writ Petition No.12270/2021 filed by the applicant challenging the charge sheet before the Hon'ble High Court of Delhi, has been dismissed as withdrawn vide order dated 26.07.2023.
Heard the learned counsel for both the parties.
The question arose for consideration before me is whether the applicant can undertake such assignment on earned leave and there are already 300 days leave available in her account. Learned counsel for the applicant mentions that there is double jeopardy with his client as, on the one hand, she is being denied the leave to visit Dalhousie University, Faculty of Engineering, Department of Industrial Engineering, Halifax, Canada for her above referred assignment, on the other hand, the disciplinary proceedings are going on irrespective of conclusion of enquiry and other proceedings in August, 2022.
Ideally, the applicant should have approached the Higher Authorities then the Director of the Institute to address her grievance but for the reasons best known to her she approached this Tribunal for appropriate relief, so that she can undertake the assignment without further wait, while prior sanction and prior permission of the employer is essential for undertaking such assignments.
In view of the above, the present Original Application is disposed of, at the admission stage itself, by permitting the applicant to make a comprehensive representation to the respondent No.3 – Director General, CSIR, within a week from today and the respondent No.3 shall consider and disposed of the same by passing a reasoned and speaking order, within a period of two weeks therefrom.
The present Original Application is disposed of, in the above terms. There shall be no order as to costs.
Order DASTI.