Delhi High Court - Orders
Shiv Singh vs Union Of India & Ors on 22 May, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6944/2025
SHIV SINGH .....Petitioner
Through: Mr. Vivek Sheel, Adv.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Nishant Gautam, CGSC
with Mr. Vipul Verma and Mr. Prithvi,
Advs.
Mr. Ajay Pal, Law Officer, CRPF with Mr.
Athurv Insp., CRPF and Mr. Ramniwas
Yadav, CRPF
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER
% 22.05.2025
1. The grievance of the petitioner in this writ petition is with respect to his posting at Manipur.
2. The petitioner is a serving Constable/Water Carrier in the Central Reserve Police Force. Following an accident, in which the petitioner suffered a fracture of his right tibia, he was assessed by the Medical Board of the CRPF and was graded A3(L) in the SHAPE system of medical categorisation. As per the Standing Order No. 04/2008, a person who "has a disease or disability above knee on one side, including pelvic girdle but should be able to walk up to 5 Kms at his own pace" is graded A3(L). The Standing Order further stipulates W.P.(C) 6944/2025 Page 1 of 4 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 30/06/2025 at 17:24:51 that such a person is fit only for sedentary duties and "not fit for high altitude/operational/CI1/IS2".
3. Mr. Nishant Gautam, learned CGSC for the respondents, on instructions from the Mr. Ajay Pal, Law Officer, CRPF submits that though the petitioner has been posted at Jiribam, Manipur, he would be allocated only sedentary duties and would not be allocated any "high altitude/operational/CI/IS duties". If that is so, it would appear prima facie that the duties allocated to petitioner would be in keeping with his A3(L) status.
4. Needless to say, the respondents would remain bound to this statement.
5. Mr. Vivek Sheel, learned Counsel for the petitioner also seeks to point out that the petitioner was examined by two Annual Medical Boards. The first Annual Medical Board, dated 4 June 2024, found the petitioner "not fit for combatised duty" and "unfit for cold climate, prolonged standing, running, squatting and sitting on legs". However, a second Annual Medical Board, which was constituted six months later on 18 December 2024, held the petitioner "fit for duty with firearms" and fit for posting in all regions.
6. Mr. Vivek Sheel, learned Counsel for the petitioner seeks to submit that there were, thus, two contradictory reports of Annual Medical Boards.
1"Counter Insurgency", hereinafter 2 "Internal Security", hereinafter W.P.(C) 6944/2025 Page 2 of 4 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 30/06/2025 at 17:24:51
7. The contention may be arguable, as the second Annual Medical Board was constituted ten months after the first and prior to the impugned order of posting.
8. Be that as it may, issue notice to show cause as to why rule nisi be not issued.
9. Notice is accepted on behalf of the respondents by Mr. Nishant Gautam, learned CGSC.
10. Counter-affidavit, if any, be filed within four weeks with an advance copy to learned Counsel for the petitioner who may file rejoinder thereto, if any, within four weeks thereof.
11. Re-notify on 27 October 2025.
CM APPL. 31431/202512. Issue notice, returnable on 27 October 2025.
13. Notice is accepted on behalf of the respondents by Mr. Nishant Gautam, learned CGSC.
14. Reply, if any, be filed within four weeks with an advance copy to learned Counsel for the petitioner who may file rejoinder thereto, if any, within four weeks thereof.
W.P.(C) 6944/2025 Page 3 of 4This 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 30/06/2025 at 17:24:51
15. Till the next date of hearing, we are only inclined, on this application, to bind the respondents to their statement that the petitioner would not be allocated any high altitude, operational, CI or IS duties. We make it clear that, subject to the aforesaid, the petitioner would carry out any duties which are assigned to him.
16. The entitlement of the petitioner to any other interim relief would be considered later.
17. The petitioner is granted 15 days' time from today to join his duties.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
MAY 22, 2025 gs Click here to check corrigendum, if any W.P.(C) 6944/2025 Page 4 of 4 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 30/06/2025 at 17:24:51