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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
N. C. Sundar Singh & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) 3508 of 2023, CM APPL. 13579 of 2023
Decided On : 21-03-2023
Cadre Review - Water Wing Cadre of BSF - The court directed the respondents to conduct the cadre review of the Water Wing Cadre of BSF and create three Commandant posts, and ordered the respondents to take a final decision within six months.
Fact of the Case:
The petitioners filed a Writ Petition seeking a Writ of Mandamus to direct the respondents to conduct the cadre review of the Water Wing Cadre of BSF and create three Commandant posts. The petitioner no.1 was interviewed and appeared before the DG, and a communication was issued regarding the cadre review proceedings.
Finding of the Court:
The court disposed of the petition, directing the respondents to take a final decision within six months and allowing the petitioners to challenge the decision before the appropriate forum.
Issues: The main issue was the delay in conducting the cadre review of the Water Wing Cadre of BSF and creating the Commandant posts.
Ratio Decidendi: The court found that the delay in obtaining concurrence from other Ministries for the cadre review was unreasonable and directed the respondents to take a final decision within a specified timeframe.
Final Decision: The petition was disposed of with the direction for the respondents to take a final decision within six months, allowing the petitioners to challenge the decision before the appropriate forum.
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 post of commandant water wing have been proposed to be created. Upon financial concurrence of JS & FA and approval of DG BSF, the cadre review proposal would be sent to MHA. This disposes of the grievance of the officer".
5. Learned counsel appearing on behalf of the respondents on advance Notice submits that since the issue pertains to cadre review, it will take substantial time in taking the concurrence of the other Ministries. Therefore, the petition may be disposed of and the respondents shall take the final decision.
6. Accordingly, we hereby dispose of the present petition directing the respondents to take final decision within six months. If the petitioners are aggrieved by the decision so taken by the respondents, they may challenge the same before the appropriate Forum.
7. The petition is accordingly disposed of.
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.
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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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