SHAMSHER SINGH SANDHU Vs. UNION OF INDIA
SUPREME COURT OF INDIA
SHAMSHER SINGH SANDHU
UNION OF INDIA
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Ajay Rastogi,J. -
(2.)This appeal arises from a judgment and order of the High Court of Jammu and Kashmir dated 29 October 2014 in a Letters Patent Appeal 1.
1 LPA No 08/2014.
(3.)The dispute in the present case pertains to the claim of the appellant for promotion to the rank of Inspector General of Police 2. The appellant was holding the rank of Deputy Inspector General 3 in the CRPF, having initially been inducted into the service in 1976. When his turn came up for being considered for promotion as an IG, the Annual Medical Examination on 22 June 2011 categorized the appellant as S1H1A1P2E1 (T-24) rendering him unfit for promotion. In the Annual Medical Examination on 4 January 2012, he was again categorized as S1H1A1P3E1 (T-12). A Review Medical Board was convened on 16 June 2012 which assigned to the appellant a SHAPE 2 (T-24) categorization. Again on 13 July 2012, at the behest of the appellant, a Medical Board was constituted of officers outside the CRPF which on 13 July 2012 assigned to the appellant a SHAPE 2 (Permanent) categorization. This was followed by a Medical Board on 26 July 2012 under the directions of the Union Home Secretary. Eventually, on 27 August 2012 and 31 August 2012, the appellant was examined at the Dr Ram Manohar Lohia Hospital in which he was assigned the medical categorization of S1H1A1P1 (o024)E1. On 4 January 2013, a Medical Board was constituted at the All India Institute of Medical Sciences, but the appellant did not present himself for medical examination. In February 2013, a Medical Board chaired by the ADM (Medical), with two IG rank officers in the Medical Division of other Forces, was constituted, which reported the appellant to be in the SHAPE 2 (Permanent) category.
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