Delhi High Court
Kailash Chand Saini And Ors. vs Union Of India And Anr. on 3 October, 2023
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 03.10.2023.
W.P.(C) 11488/2018
+ W.P.(C) 11488/2018
KAILASH CHAND SAINI AND ORS. ..... Petitioners
versus
UNION OF INDIA & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. G S Chauhan, Mr. Nikhil Hooda and
Mr. Vishal Rathee, Advocates.
For the Respondents: Mr. Bhagvan Swarup Shukla, CGSC with
Mr. Sarvan Kumar and Mr. Saksham Sethi,
Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks direction to the respondent to review the cadre
exercise being undertaken by respondent ITBP.
2. Learned counsel for petitioner submits that in identical
circumstances in WP(C) No. 5968/2020 titled Lokesh Kumar Arya and
Ors. vs. Union of India and Ors. by order dated 04.09.2020, a
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Digitally Signed
Signing Date:04.10.2023
11:20:10
Coordinate Bench of this Court has directed the respondents to review
the cadre exercise is being under taken.
3. He submits that the said judgment applies on all force to the
present case and prays that in the case of petitioners as well as similar
directions be issued.
4. Learned counsel for respondents concedes that the said
judgment applies to the facts of the present case and submits that the
petition be disposed of in terms of directions issued in Lokesh Kumar
Arya and Ors.
5. In view of the above, applying the ratio of the decision in
Lokesh Kumar Arya (supra), it is directed as under:
"(i) We accordingly dispose of this petition by directing
the respondents ITBP to, within four weeks hereof as
sought, review the cadre exercise impugned in this
petition, by treating the writ petition as a representation
of the petitioners and by granting a personal hearing to
the senior most Assistant Commandant (pioneer) in
ITBP and the petitioners, in which hearing the
petitioners and the said Assistant Commandant
(pioneer) shall have a right to place further relevant
data for consideration of the respondents and to,
thereafter, it find any merit, review the cadre review
already undertaken and/or to make
corrections/modifications therein and, if not finding any
merit in the claim of the petitioners, pass an order,
giving reasons for rejecting the various
claims/representations of the petitioner. It is further
clarified that in the said exercise, the
parameters/principles laid down by the Courts in the
judgment relating to cadre review as well as the OMs
and Monograph of DoPT, be followed.
(ii) It is further clarified that the review, if required,
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Signing Date:04.10.2023
11:20:10
so ordered, would not suspend or come in the way of the
operation of the cadre review already
done/undertaken."
6. The petition is disposed of in the above terms.
SANJEEV SACHDEVA, J
MANOJ JAIN, J
OCTOBER 3, 2023/sw
Signature Not Verified
Digitally Signed
Signing Date:04.10.2023
11:20:10
