Court Emphasizes Need for Prior Permission for Government Employees Seeking Foreign Assignments
In a significant judgment, the Jammu and Kashmir High Court has set aside an order by the Central Administrative Tribunal, Jammu Bench, which had granted post-facto sanction to Dr. Ankur Sharma, an Associate Professor at Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST), for accepting a foreign assignment at the United Arab Emirates University (UAEU). The High Court emphasized that government employees must obtain prior permission from competent authorities before accepting foreign assignments, and unauthorized engagements constitute misconduct under the relevant statutory rules.
The case arose after Dr. Sharma, without obtaining prior permission, applied for and accepted a position as an Instructor at UAEU. The university issued a show cause notice to Dr. Sharma, questioning her application and interview for the foreign assignment without formal authorization. The Tribunal had earlier quashed this notice and directed SKUAST to grant post-facto approval for Dr. Sharma's foreign engagement.
The High Court's judgment, delivered by Judges Ms. Sindhu Sharma and Mr. Shahzad Azeem, underscored the importance of statutory compliance, stating that tribunals cannot substitute their discretion for that of the employer in administrative matters. The court clarified that while the Tribunal can ensure decisions are not arbitrary or violate statutory provisions, it cannot mandate employers to grant permission for foreign assignments.
The court's analysis relied heavily on the Jammu and Kashmir Civil Service Regulations, 1956, and the Leave and Conduct Rules governing such matters. The judges pointed out that Rule 10 of the Conduct Rules explicitly prohibits government employees from undertaking any other employment without prior government sanction, and any breach calls for disciplinary action, including termination of service.
The court directed SKUAST to reconsider Dr. Sharma's application for foreign employment within four weeks, adhering strictly to the legal framework. The judgment reinforces the principle that administrative discretion lies with the employer, and tribunals should intervene only when there is clear evidence of illegality or procedural unfairness.
Bottom Line:
Government employees cannot take up foreign assignments without obtaining prior permission from competent authorities. Unauthorized engagement in such assignments amounts to misconduct under statutory rules governing conduct and leave. Tribunals cannot substitute their judgment for administrative discretion but can ensure decisions comply with legal and procedural fairness.
Statutory provision(s): Jammu and Kashmir Civil Service Regulations, 1956, Rule 14(b) of Leave Rules, Rule 10 of Conduct Rules, Article 55-A of CSR.
