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Kamal Prashar v. National Airport Authority

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1434 of 2008)Decided 28 Oct 2015
Civil Appeal No. 1434 of 2008
Justice Dipak Misra · Justice Uday Umesh Lalit

Background

Kamal Prashar was an Aerodrome Officer in the Directorate General of Civil Aviation (DGCA). When the National Airport Authority (NAA) was set up in 1986 under the National Airport Authority Act, 1985, his post was treated as being on deputation to NAA by operation of law. He asked to go back to the DGCA, was ordered to join at Varanasi in 1986, did not join, and stayed away from duty for years while NAA pursued disciplinary action against him.

Decision Breakdown

The Supreme Court held that Section 13(3) of the 1985 Act places employees on deputation with NAA automatically and mandatorily, so an employee cannot unilaterally stop that deputation or return to the parent department. Until he was formally relieved, he remained in NAA's service and was bound to obey its transfer order, so his continued absence was unauthorised and NAA was competent to start disciplinary proceedings. The Court refused to order payment of pay and allowances from NAA and dismissed both appeals, upholding the High Court's Division Bench ruling against him. The dismissal order of 2 August 2006 was not before the Court, and he was left free to challenge it separately.

Lesson Learnt

An employee whose post has moved under a statute cannot simply decide to go back to the old department; he must be formally relieved and must follow lawful transfer orders. Staying away from work without permission can cost pay and can justify dismissal.

Official source (sci.gov.in)View Judgment (PDF)

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