SANJAY SINGH RAGHUVANSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of mandamus to the respondents not to repatriate the petitioner from the National Security Guard (hereinafter referred to as 'NSG'), 11 SRG, Manesar, Gurgaon (Haryana) to his parent organisation CRPF at J&K in 126th Bn.

(2.) MR . Saqib, the learned counsel for the respondents has drawn the attention of this Court to sub clause (iii) of sub para (b) of Clause 1 of the Standing Or.No. E303/11/2009/NSG/3643 -98 in support of the decision taken by the respondents to prematurely repatriate the petitioner to his parent department, as under this clause a member of the NSG who is downgraded to permanent Low Medical Category (hereinafter referred to as 'LMC') by the first Medical Review Board (in short 'MRB') and continues to be placed in the same category even by the second MRB, then such a candidate shall be repatriated to his/her parent organisation/unit.

(3.) IT is also the case of the respondents that to further assess the physical fitness of the petitioner, a medical board from Composite Hospital, NSG was constituted on 14.05.2013 which again declared him under the LMC. The learned counsel for the respondents thus submits that, the petitioner was found under LMC even for the second time and therefore, in accordance with the said Standing Or.the respondents had decided to repatriate the petitioner to his parent department. The learned counsel for the respondents also submits that since the NSG is a 100% deputation force and its basic idea is to admit 'best talent' from other unit/organisation and the persons taken on deputation are expected to maintain high levels of professionalism, discipline, physical fitness and endurance levels and due to this reason a maximum of two chances are given to a candidate to accord him a chance to make himself fit as per the laid down criteria of medical fitness.