S.P. Singh, Adg & Ors. vs Union Of India And Ors.
2015 Latest Caselaw 71 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 121/2015
       S.P. SINGH, ADG & ORS.                           ..... Petitioners
                       Through         Mrs. Jyoti Singh, Sr. Advocate
                                       with Mr. Sameer Sharma & Mr.
                                       Sumeer Advocates
                          versus

       UNION OF INDIA AND ORS.                  ..... Respondents
                     Through   Mr. Vikram Jetly, CGSC for R-1 to
                               R-3 with Mr. S.S. Sejwal, Law
                               Officer & Mr. B.K. Rout, Pairvi
                               Officer, CRPF

       CORAM:
       HON'BLE MR. JUSTICE KAILASH GAMBHIR
       HON'BLE MR. JUSTICE I.S.MEHTA

                          ORDER

       %                  07.01.2015

KAILASH GAMBHIR, J. (ORAL)

CM APPL. No. 182/2015 (EXEMPTION)

Exemption allowed subject to all just exceptions.

The application stands disposed of.

W.P.(C) 121/2015

By this writ petition filed under Article 226 of the Constitution of

India, the petitioners seek a writ of mandamus to the respondents to carry

out a 'Cadre Review' of existing Group 'A' Service of Central Reserve

Police Force (in short 'CRPF') in a time bound manner without any

further delay in terms of the instructions already laid down by the

Department of Personnel & Training (in short 'DoPT') to ensure career

progression and career expectations of these Group 'A' officers.

The grievance raised by the petitioners is that as per the various

monographs issued by the DoPT from time to time, particularly the

Office Memorandum dated 14.12.2010, it is mandatory for the Central

Government to review the cadre structures once in every five years so as

to maintain harmony between the requirements of the cadre and the

legitimate career expectations of its members. Unfortunately, no such

exercise for 'Cadre Review' has taken place in the CRPF since 1996.

The petitioners have referred to a decision of the Apex Court in the case

of Union of India & Anr. v. Hemraj Singh Chauhan & Ors., (2010) 4

SCC 290, wherein the Court took a view that the statutory duty which is

cast on the State Government and the Central Government to undertake

the Cadre Review exercise every five years is ordinarily mandatory

subject to exceptions which may be justified in the facts of a given case

but surely lethargy, in-action and absence of a sense of responsibility

cannot fall within the category of just exceptions. The petitioners also

referred to a letter dated 17.01.2014 of the Joint Secretary (Police-II),

Ministry of Home Affairs (in short 'MHA'), Government of India to the

Director General, CRPF to look into the matter for conducting a Cadre

Review of Group 'A' Service of CRPF and the said letter was followed

by another letter dated 24.04.2014 from the Home Secretary, Government

of India stating therein that such Cadre Review of CRPF was conducted

in the year 1991 and was to be reviewed every five years thereafter and

premised on this, the DG, CRPF was directed to look into the matter and

submit his proposal for Cadre Review without any further delay. Since

no action was forthcoming, the Home Secretary wrote another letter dated

06.06.2014 and categorically informed the DG CRPF that the time

specified in the DoPT guidelines for submitting Cadre Review proposal

has already expired long back but no proposal has been received from

CFPF. In this regard and in response to the said communication, the DG

CRPF in his letter dated 02.07.2014 observed that cadre review proposal

is pending for finalisation due to non receipt of final work study report.

As regard work study, it was added that with due approval of MHA, M/s

Accenture Service Pvt. Ltd, was awarded the contract of work study for

augmenting the staff strength in respect of Force HQr, 4 Zonal HQrs and

CoBRA Sector HQr during the month of March-2013. Since the study

report on H R augmentation submitted by this consultant was found

lacking sufficient ground of functional justification against the

recommended posts, CRPF had advised them to rectify the shortcomings

wherever needed.

Mr. Vikram Jetly, the learned Central Government Standing

Counsel appears on advance notice on behalf of the respondents/Union of

India and submits that Cadre Review proposal of Group 'A' Service of

CRPF has already been submitted by the DG CRPF to the MHA on

10.12.2014 after having concurrence of Financial Advisor and approval

of DG CRPF and the matter is presently under examination with the

MHA. The learned CGSC also submits that after examination in the

MHA, the same shall be sent to the DoPT with regard to the Group 'A'

Service of CRPF and then to the Ministry of Finance. The learned CGSC

also submits that the same shall take some more time to finalise the Cadre

Review of Group 'A' Service of CRPF.

Indisputably, this Cadre Review of Group 'A' Service of CRPF has

not taken place since the year 1996. This issue of Cadre Review has been

a subject matter of discussion before the Hon'ble Supreme Court in the

case of Hemraj Singh Chauhan (supra), wherein the Apex Court took a

view that the statutory duty which is cast on the State Government and

the Central Government to undertake the Cadre Review exercise every

five years is ordinarily mandatory, subject to just exceptions. The learned

Apex Court went on to observe that lethargy, in-action and absence of a

sense of responsibility cannot fall within the category of just exceptions.

With regard to these petitioners who are Group 'A' Officers of CRPF, the

exercise of Cadre Review has not taken place for the last more than 19

years due to which a large number of officers have either retired without

being promoted to higher ranks, or are likely to retire in future too

suffering the same fate.

Considering the fact that CRPF has already submitted the Cadre

Review proposal of Group 'A' Service of CRPF after seeking

concurrence of Financial Advisor and the approval of the DG CRPF, we

direct that the MHA shall take steps to proceed in the matter to carry out

Cadre Review within a maximum period of four months from the date of

this order. For any further delay caused at the end of any of the

department, the concerned officers will have to offer explanation for

causing such delay considering the fact that this exercise of Cadre

Review has not been taken place for the last more than 19 years.

With the above direction, the present petition stands disposed of

with the liberty to the petitioners to approach this Court again if the said

direction is not complied with by the respondents.

Dasti.

KAILASH GAMBHIR, J.

I.S.MEHTA, J.

JANUARY 07, 2015 v