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2023 DIGILAW 180 (DEL)

JITENDRA PAL SINGH v. UNION OF INDIA

2023-01-16

SURESH KUMAR KAIT

body2023
JUDGMENT : SURESH KUMAR KAIT, J. 1. Vide the present petition, petitioner prays as under: (i) To quash order dated 01.09.2022 to the extent whereby the name of the petitioner is not included in the list of personnel who, being his juniors, have been promoted to the rank of Deputy Inspector General/Medical Superintendent. (ii) To direct the respondents to assemble a Review/Special Board in terms of Para 2.1 (iii) of the BSF Medical Directorate Manual to consider and assess the suitability of the petitioner and if found fit, conduct a review DPC for the post of DIG/MS and upon meeting the requisite criteria promote the petitioner to such post from the date his juniors have been promoted, i.e. w.e.f. 01.09.2022 along with all consequential benefits. 2. Pursuant to order dated 22.12.2022, learned Senior Panel Counsel for the respondents, on instructions, has assured that the Special Review Medical Board shall be constituted within a period of four weeks from today. 3. In view of abovesaid submission, we hereby dispose of the present petition by giving directions to the respondents to constitute the Special Review Medical Board within a period of three weeks from today and thereafter examine the petitioner and if the petitioner is found medically fit for the service in question, respondents are further directed to pass necessary orders within three weeks thereafter.