Delhi High Court - Orders
Sanjay Kumar vs Union Of India And Ors on 1 September, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~83
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13221/2025
SANJAY KUMAR .....Petitioner
Through: Mr. Vikas Sharma, Adv.
versus
UNION OF INDIA AND ORS ...Respondents
Through: Mr. Ashish K Dixit, CGSC with
Mr. Shivam Tiwari, Mr. Umar Hasami, Ms.
Deepika Kalra, Ms. Venni Kakkar and Ms.
Urmila Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER
% 01.09.2025 CM APPL. 54174/2025 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 13221/2025 & CM APPL. 54173/2025
3. The petitioner is aggrieved by the reference of his case to a medical invalidation board for considering to be invalidated out of service.
4. Mr. Vikas Sharma, learned Counsel for the petitioner places reliance on Standing Order 04/2011 dated 27 July 2011. He points out W.P.(C) 13221/2025 Page 1 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 22:04:47 that the Standing Order was issued by the Directorate General of Central Reserve Police Force1 which deals with rehabilitation of the personnel of the CRPF. He has drawn our attention to paras 5 to 10, which read thus:
"5. The personnel with disability will appear before Departmental Rehabilitation Board (DRB) which will consist of the following at the Sector level:-
i) Chairman : IGP
ii) Member : One DIGP
iii) Member : One Commandant/2-
I/Cor DC
iv) Member : One CMO(SG) *
v) Member : One CMO/SMO
* Note:- (With Specialization in the nature of disability, if not available request be made to nearby sister organization or Civil hospital to co-opt such member).
6. This board will subject the person concerned to critical examination with a view to determine his physical / mental capability, aptitude, job requirement etc. and after assessing capability and health condition of the person, will recommend specifically that :-
i) Whether, he / she can be rehabilitated within the Force by assigning the jobs mentioned in Para - 7 and 8 below as per his / her physical and mental health condition.
OR
ii) The person is not fit for any kind of duty (specific reasons & Medical opinion) therefore recommended to be invalidated out.
7. After critical examination of the person and assessment of his/her suitability for the job, DRB will recommend any of the tasks for him / her as specified below a. Dak / Office Runner, b. Telephone Operator, c. Attendants in R/Room, Welfare Centre, School Bus, 1 "CRPF", hereinafter W.P.(C) 13221/2025 Page 2 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 22:04:47 d. Sales person in Canteen, Co-operative, Floor mills, e. RTO at Railway Station, f. Office jobs viz coy writer etc., g. Mess Constable, Service Man, h. Any other specified job considered suitable from time to time.
8. Above mentioned duties are mostly for ORs. In case any person of the rank of ASI and above (executive) and personnel of Technical Trades like MT, Signals and Ministerial Cadre etc. are disabled, they will be retained in the same rank and cadre and will be preferably posted in BNs/ Offices/ Institutions which are located in comparatively less operational active areas. The nature of their duties / tasks will be decided by the DRB in consultation with Sector IsG on the basis of their physical and mental health condition. Disabled personnel will not be eligible for any pre- promotional or promotional courses and for promotion.
9. DRB will also recommend the following in their final decision:-
a) The personnel under category (A) of Para 2 will be retained in service till they remain in medical category SHAPE-IV as per shape factor mentioned in SO-04/2008.
Such personnel may be extended proper medical facilities to improve their medical category. In case no improvement in their health has been and become totally unfit to perform any kind of duties as per medical categorization SHAPE-V mentioned in SO- 4/2008 or any other order issued from time to time, they will be recommended for boarding out.
b) The Personnel have less than 10 years qualifying service at the time of invalidation and their disability is attributable to Govt. duty, will be entitled for disability pension as per existing instructions/rules and they may be boarded out accordingly.
c) The personnel under category (B) of Para-2 will be retained in service upto 10 years of service to make them eligible for invalidation pension subject to their permissible time of Shape system as per SO-4/2008. The disabled personnel will be invalidated out from the service as per Rule 38 of CCS(Pension) Rule only after providing them vocational training from vocational training institution (as per their physical and mental health/ condition), if they desire so. Individual may inform WARB about their willingness for employment outside the department.
W.P.(C) 13221/2025 Page 3 of 6This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 22:04:47
d) Those declared unfit on ground of psychiatric disease will be Invalidated out immediately, irrespective of their fitness at the time of recruitment.
e) That while rehabilitating partially disabled personnel in Units/Offices care should be taken to ensure that these personnel may be posted to the Offices / institutions where adequate medical facilities are available and is near to his / her home town so that he/she can get family support at the time of need. However, number of such persons per office/institution, should be kept within reasonable limits but not more than 2% so that the overall efficiency of the institution / Unit does not suffer and in case of more personnel then a reasonable time of posting out be also ensured that other disabled personnel also get chance of postings etc.
f) That resulting deficiency in the post to which the disabled person belongs, does not hamper overall efficiency of a Unit / Office / Institution.
10. Personnel who are not found fit by DRB for being accommodated in any of the jobs mentioned in para 7 & 8 will be referred to the medical invalidation board as per rules in force. Before invalidation the following measures will be taken for their rehabilitation:-
(a) It will be the responsibility of the Sector IsGP to refer them for training as per recommendation of the DRB, if the individual is willing. Training will be given to these personnel in the vocational training institution. Expenditure so incurred on the training will be borne from Central Welfare Fund. Comprehensive proposal having all information viz fee / eligibility / duration of course etc will be moved to Welfare Branch of Dte. General, CRPF for sanction of expenditure from CWF. Welfare branch of Directorate will arrange for their training.
(b) After training these person should be invalided out from the Force and efforts should be made through WARB to refer them for suitable placement of these personnel which are available in open market. However no onus lies on department for alternate placement once invalided out from service."W.P.(C) 13221/2025 Page 4 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 22:04:47
5. He submits that though a Departmental Rehabilitation Board2 was constituted, the DRB has not proceeded as per the aforesaid Standing Order or considered the petitioner's suitability for alternate employment.
6. Mr. Umar Hasami, learned Counsel for the respondents has produced before us a copy of the DRB proceedings. He is directed to place them on record under cover of an appropriate affidavit.
7. On a perusal of the said proceedings, we find prima facie that the DRB has not proceeded in accordance with the afore-noted Standing Order as it has not considered the suitability of the petitioner for alternate jobs and has straightaway come to the finding that he is unfit for further service and should be invalidated out.
8. A serious arguable issue, therefore, arises.
9. Issue notice to show cause as to why rule nisi be not issued.
10. Notice is accepted on behalf of the respondents by Mr. Umar Hasami.
11. Counter affidavit, if any, be filed within four weeks with advance copy to learned Counsel for the petitioner, who may file rejoinder thereto, if any, within four weeks thereof.
2"DRB", hereinafter W.P.(C) 13221/2025 Page 5 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 22:04:47
12. Re-notify on 4 December 2025.
13. Till the next date of hearing, further proceedings towards medical invalidation of the petitioner shall stand stayed.
14. The pendency of this petition would not, however, inhibit the respondents from conducting a fresh DRB in the case of the petitioner and proceeding in accordance with the procedure prescribed in the Standing Order 04/2011. If that is done, we expect the report of the DRB to be reasoned and speaking and also to clearly state why, if at all, the petitioner is found unfit for continuing in service, instead of granting him alternate employment.
15. In case such an exercise is undertaken, the respondents would place the report of the DRB on record in the present proceedings under cover of an appropriate affidavit after providing a copy to the learned Counsel for the petitioner.
C. HARI SHANKAR, J OM PRAKASH SHUKLA, J SEPTEMBER 1, 2025/gunn W.P.(C) 13221/2025 Page 6 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 22:04:47