Delhi High Court Orders Government To review Cadre Restructuring Of Indo-Tibetan Border Police Force [Read Order]

The Court directed the Government to undertake a review of the cadre restructuring/review exercise done by it and whereby it should grant an opportunity of personal hearing to the senior most Deputy Commandant, Education and Stress Counselor Cadre of ITBP as well as to the petitioners in the matter. The Court directed the Government to pay regard to the claims/ representations made by the petitioners during personal hearing in its cadre review exercise, if it finds any merit in their claims. The Court also ordered the Government to follow the parameter/principals laid down by the Court rulings with respect to cadre review exercise in its review. It also directed the Government to follow the Office Memorandums and Monograph of the Department of Personnel and Training relating to cadre review.

The petitioners had challenged the cadre restructuring/review of ITBP and had asked for a holistic cadre review that keeps in mind creation of promotional avenues in Education and Stress Counselor Cadre in order to overcome stagnation. They contended that the impugned exercise of cadre review was not in accordance with the objectives of cadre review specified by the Department of Personnel and Training and neither did it obey the principals/ parameters and criteria of cadre review prescribed by the Department.

The Bench comprising of Justice Rajiv Sahai Endlaw and Justice Asha Menon ordered the Government to complete the cadre review within four weeks. The Court has also ordered the Government to give reasons for rejecting the claims of the petitioners that are made by them during their personal hearings in case it does not find any merit in them.

The Court in passing an order for review of cadre review/restructuring exercise relied on the 2015 judgment of the Delhi High Court in Ajay Suryavanshi v. Union of India (2015 SCC OnLine Del 8950) where upon finding various errors in the cadre review exercise done, the Court had directed the respondents to carry out cadre review exercise, considering the concerns expressed in the judgment and the data provided by the petitioners therein and keeping in mind the salient features as laid down in the said judgment.

The Court also clarified that such review as ordered by the Court would not suspend or come in the way of the operation of the cadre review already done/undertaken.

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