Gauhati High Court
Pradip Kumar Mondal vs The Union Of India And 7 Ors on 20 November, 2025
Page No.# 1/7
GAHC010079882025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2585/2025
PRADIP KUMAR MONDAL
S/O LATE GOPAL CHANDRA MONDAL, PRESENTLY POSTED AS SUB
INSPECTOR (MINISTERIAL), NORTH EAST ZONE HEAD QUARTERS,
CENTRAL RESERVE POLICE FORCE, AMERIGOG, GUWAHATI, ASSAM
VERSUS
THE UNION OF INDIA AND 7 ORS
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS , NEW
DELHI-110003
2:THE DIRECTOR GENERAL
CENTRAL RESERVE POLICE FORCE
CENTRAL GOVERNMENT OFFICE COMPLEX
LODHI ROAD
NEW DELHI-110003
3:THE DIRECTOR (MEDICAL)
CENTRAL RESERVE POLICE FORCE
R.K. PURAM
NEW DELHI-110006
4:THE INSPECTOR GENERAL (MEDICAL)
COMPOSITE HOSPITAL
CENTRAL RESERVE POLICE FORCE
GUWAHATI-23
5:THE INSPECTOR GENERAL (MEDICAL)
COMPOSITE HOSPITAL
CENTRAL RESERVE POLICE FORCE
JHARODA KALAN
NEW DELHI-110072
Page No.# 2/7
6:THE INSPECTOR GENERAL (PERS)
DIRECTORATE
CRPF
CENTRAL GOVERNMENT OFFICE COMPLEX
LODHI ROAD
NEW DELHI-110003
7:THE DEPUTY INSPECTOR GENERAL (ORG)
DIRECTORATE
CRPF
CENTRAL GOVERNMENT OFFICE COMPLEX
LODHI ROAD
NEW DELHI-110003
8:THE SPECIAL DIRECTOR GENERAL
NORTH EAST ZONE
CENTRAL RESERVE POLICE FORCE
GUWAHATI
ASSA
Advocate for the Petitioner : MR. R MAZUMDAR, S BORPUJARI,MR. R DEKA,MS T
WAPANGLA,MR P RAI
Advocate for the Respondent : DY.S.G.I., MR. S P CHOUDHURY (C.G.C)
Page No.# 3/7
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 20.11.2025 Heard Mr. A. R. Tahbildara, learned counsel for the petitioner. Also heard Mr. S. P. Choudhury, learned CGC, appearing for all the respondents.
2. The petitioner's grievance raised in the present proceedings pertains to the denial of his promotion to the Inspector(Ministerial) for which he had completed the requisite training course and was otherwise eligible for being promoted. The petitioner has also prayed for a direction for grant of retrospective effect to promote him to the rank of Inspector(Ministerial) with retrospective effect from the date on which his juniors has been promoted with all consequential benefits. The petitioner in the present petition has also assailed opinion rendered by the Review Medical Board on 07.02.2024 placing him in Physical Ability-2(Permanent Category) i.e. P2(P), thereby depriving the petitioner from his due benefit and promotion to the cadre of Inspector(Ministerial).
The petitioner, herein, on being found to be unwell, upon examination by the Doctors of the Composite Hospital, CRPF, came to be referred to the Emergency Department of GMCH, Guwahati, for further Management. The petitioner on being admitted to the GMCH, he was diagnosed to be suffering from heart-related problems and accordingly a pace maker was implanted. After receiving the requisite treatment the petitioner was released from the GMCH, Cardiology Department with an advice to remain on rest for 1(one) month and thereafter, to Page No.# 4/7 carry out a review. The said development taking place and a pace maker being implanted in the body of the petitioner, the Composite Hospital, CRPF, Guwahati, on 24.04.2023 proceeded to categorize the petitioner as P4(T4). The petitioner thereafter, had his review examination in the GMCH from time to time. The Doctors of the Cardiology Department of the GMCH, on the examination of the petitioner on 17.05.2023 advised that he is fit to resume his duties. Consequentially, the Doctors at the Composite Hospital, Guwahati, on examination of the petitioner now placed in category P3(T12) w.e.f 23.05.2023. The GMCH authorities thereafter, while examining the petitioner in his regular review on 22.11.2023, opined that the petitioner is fit to do normal duties. Accordingly, the petitioner being placed in P3(Temporary Category), the petitioner was deputed to undergo the Sub-Inspector to Inspector/Minister, Promotion Course(Hybrid Mode) Course No.1 w.e.f. 11/12/2023 to 24/12/2023 in the online mode and w.e.f. 01/01/2024 to 13/01/2024 in the offline mode. The petitioner completed the said course with a 'B' Grade.
It is stated at the Bar that the petitioner having completed the said course with a 'B' grade, he is eligible to be considered for promotion to the rank of Inspector (MIN). The GMCH authorities on a review of the petitioner on 18.09.2024 opined that the petitioner was eligible to undertake all forms of physical work. Accordingly on 20.09.2024, the petitioner came to be categorized as P2(T-24) by the Doctors of the Composite Hospital, CRPF. As the said categorization him of the petitioner continued, the respondent authorities in pursuance to the completion of the promotional course, wherein the petitioner was also within the zone of consideration, proceeded to publish a list of Sub-Inspectors found suitable for promotion to rank of Inspector Page No.# 5/7 (Ministerial). The name of the petitioner was however not included in the list so published.
Being aggrieved the petitioner submitted a representation on 18.09.2024, before the competent authority for inclusion of his name to the said promotion list. On receipt of the said representation submitted by the petitioner, herein, a signal was issued on 19.12.2024 from the I.G (Medical) Composite Hospital, Delhi, for constitution of a Review Medical Board for a fresh review medical examination of the petitioner, herein, at the C.R. P.F, Composite Hospital. Accordingly vide Office Order dated 23.12.2024, the Medical Superintendent Composite Hospital, CRPF, New Delhi, constituted a Review Medical Board, for the review medical examination of the petitioner and such examination was scheduled on 31.01.2025. The said review medical examination was carried and in pursuance, thereof, the Doctors carrying out the review medical examination opined that the petitioner be placed in category P2P. The petitioner having been placed in the said category, he was denied promotion to the rank of Inspector(Ministerial) leading him to institute the present proceedings.
3. I have heard the learned counsel for the parties and also perused the materials available on record.
4. The facts as noticed above are not in dispute. The opinion rendered in the matter by the Doctors of the Cardiology Department of the GMCH in respect of the petitioner, have not been disputed by the respondent authorities. The respondent authorities have also not disputed that the petitioner, herein, had not cleared the promotional course conducted for promotion to the rank of Inspector (Ministerial), after he was detected to have suffered from cardio related problems, Page No.# 6/7 for which he had received treatment at GMCH.
5. The above being the position, this Court would now examine the report submitted by the Medical Board constituted for Review Medical Examination of the petitioner, herein. A perusal of the Office Order dated 23.12.2024, constituting the Review Medical Board for the review medical examination of the petitioner, this Court finds that there is no specialist attached or included in the said Board from the Cardiology Department. The petitioner has been admittedly suffering from a Cardiology related health issue, the absence of a cardiologist in the said Board renders the opinion given by the said Board upon examination of the petitioner, to be of no consequence. The said opinion when read in context of the opinions rendered by the doctors of the Cardiology Department of the GMCH, during the periodical reviews of the petitioner, after being implanted with a pace maker reveals that the doctors of the GMCH had found the petitioner to be fit to resume in his duties and also to perform any form of physical work. Accordingly, the categorization of the petitioner as P2P in the considered opinion of this Court, in all probability had occasioned, on account of the absence of a Specialist in cardiology being included in the Review Medical Board constituted vide the order dated 23.12.2024.
6. In view of the above discussion, this Court is of the considered view that the opinion rendered on 31.01.2025 by the Review Medical Board constituted vide the order dated 23.12.2024, cannot be taken to be the basis for denying to the petitioner his promotion to the rank of Inspector(Ministerial). This Court is conscious of the provisions existing in the force with regard to categorization of the members of the Force and also the requirement of a member of the Force to be found in 'Shape 1' for being promoted to the next higher Grades, however, this Page No.# 7/7 Court noticing the fact that the opinion rendered on a Review medical examination of the petitioner, being so rendered by a Board without a Specialist relating to the ailment suffered by the petitioner i.e. a cardiologist, this Court holds that the said opinion be not taken for the purpose of denying to the petitioner, his due promotion.
7. Poised with the said situation, this Court is of the considered view that the petitioner is required to be subjected to a review medical examination by a Review Medical Board to be constituted by authorities, wherein, a Cardiologist is necessarily to be included. Let the said Board be constituted by the Respondent no.5 i.e. the Inspector General (Medical), Composite Hospital, CRPF, New Delhi, and/or the Respondent no.4 i.e. the Inspector General (Medical) Composite Hospital, CRPF, Guwahati, within a period of 1(one) month from the date of receipt of a certified copy of this order. On the review medical examination of the petitioner being conducted, in the event, he is found to be within the category mandated for being considered for promotion to the rank of Inspector (Ministerial), the petitioner be promoted to the rank of the Inspector(Ministerial) w.e.f. from the date his junior was so promoted, with all consequential benefits of pay and allowances, Seniority etc., by applying the principle of "Next" Below Rule". The said exercise be initiated and concluded within a period of 3(three) months from the date of receipt of a certified copy of this order.
8. With the above observations and directions, the present writ petition is disposed of.
JUDGE Comparing Assistant