Title: Kailash Chand Saini & Ors. vs Union of India & Anr.
Decided on: 03.10.2023
+ W.P.(C) 11488/2018
Introduction
The court in the present writ petition for reviewing Cadre-Exercise, relied on the ratio decidendi given in gave direction to Indo Tibetan Border police to conduct personal hearings of Senior Most Assistant Commandant (Pioneer) and Petitioners within 4 weeks and also asked them to make any necessary changes if needed.
Facts of the Case
The Petitioners filed the present Writ Petition for requesting the Courts to give directions to the Indian Government for reviewing the Cadre-Exercise being undertaken by Indo-Tibettan Border Police.
Court Judgement and Analysis
The Counsel for petitioners, Kailash Chand Saini & Anr., relied on the Judgement given in an identical writ petition WP (C) No. 5968/2020 titled Lokesh Kumar Arya and Ors. Vs Union of India, dated 4th of June, 2020 wherein a Co-ordinate bench of the Hon’ble HC had directed the ITBP to review the Cadre Exercise.
The Counsel from the Respondent’s side also conceded with the counsel for Petitioners and acknowledged that the Cited Judgement “Lokesh Kumar Arya vs Union of India” is relevant to the current case’s facts.
The Counsel for Respondents also proposed that the present petition should be resolved according to the instructions given in the cited case.
Hon’ble High Court in the present petition, relying on the ratio decidendi given in the Lokesh Case, directed the Indo-Tibetan Border police to review their Cadre Exercise within 4 weeks.
The ITBP was also directed to treat the present writ petition like a representation from the petitioner’s side and asked them to conduct a personal hearing of their Senior Most Assistant Commandant and the petitioners.
The Hon’ble court also emphasized that during the said hearing both the parties would have the right to present any additional information, if relevant.
After the personal hearing, if the ITBP finds the case in merit, they would have to make all the necessary modifications or corrections and if no merit is found in the petitioner’s claims then they are free to issue an order with reasons for rejecting all the claims made by the petitioner.
The Court also clarified that the cadre exercise must be in adherence to the guidelines set by the previous court judgments on cadre review, as per the directions given in office memorandums (OMs) and the Monograph of the Department of Personnel and Training (DoPT).
By further clarifying that the review, if required, so ordered, would not suspend or come in the way of the operation of the cadre review already done/undertaken, the Hon’ble Delhi HC disposed of the petition.
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Written by- Aditi
