[Cites 2, Cited by 0]
Delhi High Court
Mahaboob Sarawad vs Union Of India & Anr on 3 February, 2026
Author: V. Kameswar Rao
Bench: V. Kameswar Rao, Manmeet Pritam Singh Arora
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 03.02.2026
+ W.P.(C) 1496/2026
MAHABOOB SARAWAD .....Petitioner
Through: Mr. Vishal Thakur, Mr. Pramod
Yadav and Mr. Vikas Kumar Jha,
Advs.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Ms. Swati R.K SPC with Mr. Vivek
Nagar, GP
Mr. Ajay Pal, Law Officer, Insp.
Athurv and Mr. Ramniwas Yadav,
CRPF
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
V. KAMESWAR RAO, J. (ORAL)
CM APPL. 7175/2026 (for exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 1496/2026 & CM APPL. 7176/2026
3. This petition has been filed challenging notice dated 05.01.2026
passed by the Commandant, 05 BN, CRPF, in Case No. P-111-2/2026-05-
EC-4, whereby the petitioner is sought to be invalidated from service, with
the following prayers:-
a. Issue an appropriate writ, order or direction, including a writ
of Certiorari, quashing and setting aside the Order for
Invalidation from Service dated 05.01.2026 issued by the
Commandant, 5th Battalion, CRPF, and all consequential
actions taken pursuant thereto;
b. Issue an appropriate writ, order or direction declaring the
impugned action of the Respondents as illegal, arbitrary,
unconstitutional and violating of Articles 14 and 21 of the
Constitution of India;
c. Issue a writ of Mandamus directing the Respondents to
permit the Petitioner to continue in service with all
consequential benefits, or in the alternative, to consider the
case of the Petitioner for alternative employment,
lighter/modified duties, or sheltered posting, in accordance
with law and applicable service rules;
d. Issue an appropriate writ, order or direction permitting the
Petitioner to continue in service for a further period of six
months and thereafter allow the Petitioner to seek Voluntary
Retirement (VRS), in the interest of justice, equity and fair
play;
e. Issue an appropriate writ, order or direction directing the
Respondents to constitute a Review Medical Board in
accordance with law and grant the Petitioner a fair,
reasonable and effective opportunity of hearing and
representation before taking any adverse action;
f. Pending the hearing and final disposal of the present Writ
Petition, stay the operation and effect of the Order for
Invalidation from Service dated 05.01.2026, and restrain
the Respondents from taking any coercive or irreversible
action against the Petitioner;
4. The facts as noted from the petition are that the petitioner joined the
services of the Central Reserve Police Force on 13.12.1990.
5. On 28.08.2025, an order issued by the respondents for constitution of
a Medical Invalidation Board in respect of the petitioner. Pursuant thereto,
the petitioner was examined by the Medical Invalidation Board at the
Composite Hospital, CRPF, New Delhi.
6. On 25.11.2025, the Medical Invalidation Board, in its proceedings
opined that the petitioner is unfit to perform duties as a combat person on
the ground of obesity with non-organic psychosis.
7. It is the case of the petitioner that, removal of the petitioner from
service would cause grave and irreparable hardship and would be wholly
disproportionate. The respondents have without appreciating the long and
continuous service record of the petitioner and without considering the
proportionality and humanitarian aspects involved at the fag end of the
petitioner's service career is sought to be invalidated out. The respondents
have failed to consider or examine less intrusive alternatives such as lighter
duties, alternative employment, sheltered posting or administrative
deployment, which are statutorily and constitutionally mandated, especially
when the Petitioner never sought discharge and is willing to continue in
service.
8. Having heard the learned counsel for the petitioner, at the outset, we
may reproduce the contents of the impugned notice dated 05.01.2026 as
under:-
9. From the impugned notice, it is clear that the petitioner is sought to be
invalidated on the ground of obesity with non-organic psychosis. The basis
for the respondents to do that, is the conclusion drawn by the Medical
Board, which we reproduced as under:-
"OPINION OF THE MEDICAL BOARD:
Force No 903076348 CT/GD Mheboob Sarawad of 05
BN CRPF is a case Obesity with non-organic Psychosis and
remain under LMC for nearly 13 years but without any
improvement of his medical status. He is a case of non-organic
Psychosis for which has management is undergoing under
supervision of Psychiatrist and under LMC of S2 (P) but not
unfit for duties for this factor Because of Obesity, he was
declared UNFIT to perform his duties in CRPF as a combat
person. His disease are not attributable to government service.
His MB done at CH Delhi and percentage of disability
cannot be calculated as per the GOI notification issued by
Ministry of Social Justice and Empowerment, Department of
Empowerment of Person with Disabilities (Divyangian),
Notification dtd 12th March 2024, New Delhi"
10. The opinion of the Medical Board clearly demonstrate that the
petitioner remained in Low Medical Category for nearly 13 years without
any improvement of his medical status, if that be the reason, the notice
issued by the respondents is justified and need no interference.
11. Accordingly, the present petition and pending application are
dismissed.
V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 03, 2026
rk
