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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
N. C. Sundar Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
CM APPL. 13579/2023 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 3508/2023
3. The present Writ Petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of the petitioners seeking following reliefs:
"(i) Issue a Writ of Mandamus or any other Writ, direction or order thereby directing the respondents to Conduct forthwith the Cadre Review of Water Wing Cadre of BSF by reviving the 03 Commandant (WW) post; or
(ii) Pass such further and other orders and directions as this Hon'ble Court may deem fit and proper."
4. It is informed by the learned counsel for the petitioners that the petitioner no.1 was interviewed and appeared before the DG and after his interview the communication was issued to the petitioner no.1 dated 15.11.2022, wherein it was mentioned as under:
"Accordingly, the officer was interviewed by the ADG(HR) on 25th October 2022 through video conferencing. The outcome is that the cadre review proceedings of water wing cadre along with a draft cadre review proposal to MHA have been processed on file for financial concurrence of JS & FA and approval of DG, BSF wherein, 03
The court has the power to direct the respondents to take a final decision within a specified timeframe if there is unreasonable delay in administrative processes.
The court emphasized the importance of adhering to government guidelines and considering the petitioners' submissions in conducting the cadre review.
The court emphasized the importance of timely decision-making in the context of Cadre Review for Tradesman Cadre and directed the respondents to adhere to specific timelines for the decision and appr....
The judgment established the mandatory nature of cadre review within five years, the impact of delayed statutory functions on employees' rights, and the court's power to mitigate the hardship caused ....
Delay in conducting mandatory cadre reviews jeopardizes the promotion eligibility of employees, infringing upon their fundamental right to be considered for promotion under Article 16 of the Constitu....
The court mandates timely action on the cadre review process for medical personnel in ITBP, emphasizing government responsibility to prevent unnecessary delays.
Administrative inaction by government bodies can result in significant prejudice to employees, necessitating timely actions to uphold employee rights.
The court's decision emphasized the importance of following the appropriate legal procedure, granting liberty to the petitioners to seek review through the Tribunal.
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