Dr. Jitendra Pal Singh v. Union of India and Ors.

Delhi High Court · 16 Jan 2023 · 2023:DHC:359-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 17592/2022
2023:DHC:359-DB
administrative other

AI Summary

The Delhi High Court directed the BSF to constitute a Special Review Medical Board to assess the petitioner's suitability for promotion and decide on his case within a specified timeframe.

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Neutral Citation Number: 2023/DHC/000359
W.P.(C) 17592/2022
HIGH COURT OF DELHI
Date of Decision: 16.01.2023
W.P.(C) 17592/2022
DR. JITENDRA PAL SINGH ..... Petitioner
Through: Mr.Ankur Chhibber, Mr.Anshuman Mehrotra & Mr.Nikunj Arora, Advocates.
VERSUS
UNION OF INDIA AND ORS ..... Respondents
Through: Ms.Suman K. Doval, SPC with Mr.Rishabh Dubey, Adv. with
Sh.Hemendra Singh, Deputy Commandant (Law) BSF.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. Vide the present petition, petitioner prays as under:

(i) To quash order dated 01.09.2022 to the extent whereby the name of the petitioner is not included in the list of personnel who, being his juniors, have been promoted to the rank of Deputy Inspector General/Medical Superintendent;

(ii) To direct the respondents to assemble a Review/Special Board in terms of para 2.[1] (iii) of the BSF Medical Directorate Manual to consider and assess the suitability of the petitioner and if found fit, conduct a review DPC for the post of DIG/MS and upon meeting the requisite criteria promote the petitioner to such post from the date his juniors have been promoted, i.e., w.e.f. 01.09.2022 along 12:02 Neutral Citation Number: 2023/DHC/000359 W.P.(C) 17592/2022 with all consequential benefits.

2. Pursuant to order dated 22.12.2022, learned Senior Panel Counsel for the respondents, on instructions, has assured that the Special Review Medical Board shall be constituted within a period of four weeks from today.

3. In view of abovesaid submission, we hereby dispose of the present petition by giving directions to the respondents to constitute the Special Review Medical Board within a period of three weeks from today and thereafter examine the petitioner and if the petitioner is found medically fit for the service in question, respondents are further directed to pass necessary orders within three weeks thereafter.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE JANUARY 16, 2023 12:02