Delhi High Court - Orders
Anshul Kamboj And Ors vs Union Of India And Ors on 4 October, 2023
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12979/2023
ANSHUL KAMBOJ AND ORS ..... Petitioners
Through: Mr. Ankur Chhibber, Advocate
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC with
Mr. Tarveen Singh Nanda, GP and
Mr. SI Harender Singh for UOI
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
ORDER
% 04.10.2023 CM APPL. 51206/2023 (exemption) Allowed, subject to all just exceptions. W.P.(C) 12979/2023
1. Learned counsel for the petitioner submits that despite this Court by order dated 26.04.2023 in W.P. (C) No. 5326/2023 directing the respondent to treat the request of the petitioner for conducting a cadre review of Combatised Engineering Wing of the Sashastra Seema Bal in terms of the guidelines of the Department of Personnel and Training (DoPT), the Second-in-command has declined the request of a cadre review.
2. Learned counsel further submits that the impugned order, in fact, holds that the entire cadre structure is distorted and not commensurate with the standards prescribed by the DoPT and despite W.P.(C) 12979/2023 1 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 06/10/2023 at 00:53:22 holding the same, the Second-in-command has declined the request for a cadre review holding the same to be devoid of merit.
3. Reference may be had to paragraph 6 of the impugned order dated 07.08.2023 which reads as under:-
"Further, the existing structure of Engineering Cadre is distorted one and not commensurate with the standards prescribed by DoP&T. DoP&T prescribes ratio of 1:3 or 1:4 in between two levels of hierarchy. But the structure as follows shows the ratio in between two levels, totally at variance from prescribed standards:-
DIG(Works) Comdt.(Engg.)DC(Engg.) AC(Engg.) Insp.(P) SI (P) (3) (2) (9) (35) (24) (77) 3:2 1:4.5 1:4 3:2 1:3 After due consideration, the request is rejected being devoid of merit."
4. Learned counsel further submits that the representation for cadre review should have been placed before the Committee for Cadre Review and could not have been disposed of by a Second-in- command of the respondent.
5. Issue notice. Notice is accepted by learned counsel appearing for the respondent who prays for time to take instructions.
6. At request, renotify on 23.11.2023.
SANJEEV SACHDEVA, J MANOJ JAIN, J OCTOBER 4, 2023 'rs' W.P.(C) 12979/2023 2 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 06/10/2023 at 00:53:22