Sat Kumar Through Wife And Next Friend Preeti Devi v. Union Of India & ORS.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1321/2025 SAT KUMAR THROUGH WIFE AND NEXT FRIEND PREETI DEVI .....Petitioner Through:

Mr.

Vivek Sheel, Ms.

Deepshikha & Mr. Anshul Mahajan, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Amit Gupta, SPC with Mr.

Vidur Dwivedi, Adv. & Mr.

Devendra, Dy. JAG (ITBP)

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 03.02.2025 CM APPL. 6512/2025 1.

Allowed, subject to just exceptions.

W.P.(C) 1321/2025 2.

This petition has been filed by the petitioner, praying for a direction to the respondents to issue a final decision on the recommendations of the Review Medical Board and retire the petitioner from the service of Indo-Tibetan Border Police (ITBP), along with admissible terminal benefits, on account of physical unfitness under Rule 26 of ITBP Rules, within a time-bound manner. 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 10/02/2025 at 15:35:32

3.

The learned counsel for the respondents, who appears on advance notice, submits that a show cause notice dated 28.01.2025 under Rule 26 of the ITBP Rules has been issued to the petitioner to seek his response on the decision to prematurely retire the petitioner/board-out the petitioner. He further submits that the decision on the same shall be expeditiously taken by the respondents once the response from the petitioner is received.

4.

The learned counsel for the petitioner submits, that the petitioner has no objection to being boarded out and, in fact, that has been his prayer right through.

5.

The respondents must keep the above submission in mind and take an expedited decision on the show cause notice without further delay.

6.

As far as the prayer of the petitioner for the supply of a copy of the court of inquiry proceedings is concerned, the petitioner is granted liberty to make this request to the respondents, which shall be considered by the respondents in accordance with law, within a period of eight weeks of the receipt of such request. 7.

With the above directions, the petition stands disposed of. NAVIN CHAWLA, J SHALINDER KAUR, J FEBRUARY 3, 2025/ab/kp Click here to check corrigendum, if any 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 10/02/2025 at 15:35:32