HC orders fresh cadre review of all paramilitary forces
New Delhi: The Delhi High Court on Monday directed the Union Home Ministry to conduct a fresh cadre review of all the Central Armed Police Forces (CAPFs).
“The Ministry of Home Affairs to immediately undertake the exercise for review of existing Recruitment Rules of each Central Armed Police Force. The entire exercise aforesaid be concluded on or before 30th June, 2021,” said a division bench of Justices Rajiv Sahai Endlaw and Asha Menon.
The court also asked the Home Ministry to take into consideration the representation(s) received from the members of the CAPFs and after giving them an opportunity of being heard, place its decision in this regard before the Department of Personnel and Training.
“We, thus, dispose of these petitions by directing the Department of Personnel and Training to ensure timely commencement of cadre review exercise due in the year 2021 and to, in the terms of reference qua cadre review for Central Armed Police Forces, consider incorporating the representation(s), if any, made by the members of each Central Armed Police Force and the decision of the Ministry of Home Affairs qua the review of Recruitment Rules of each Central Armed Police Force,” the order read.
The said orders were passed while the court was hearing a batch of petitions challenging the IPS deputation into the CAPFs till the rank of Inspector General.
The court also permitted the petitioners to make comprehensive representations concerning each CAPF to the Department of Personnel and Training for the cadre review next year.
It also found merit in the submissions of the petitioner that during the cadre review, the cadre officers of CAPFs are also required to be compulsorily given an opportunity of being heard.
“Even if IPS Officers are occupying any posts in CAPFs, grant of opportunity of hearing to them is not the same as grant of opportunity to the cadre officers of CAPFs. It is only the cadre officers of CAPFs who have grievances qua stagnation, residency etc. and the IPS officers, even if manning some posts in CAPFs, are not aggrieved,” the order read.
Noting that the next cadre review is due few months from now, the court said: “We are of the view that by adjudicating the challenge to the cadre review on merits and even if finding any merit therein, no effective purpose will be served in issuing any consequential directions when the next cadre review is due as aforesaid, barely after few months.”
The bench added that adjudicating the challenge to the cadre review on merits would only keep the parties embroiled in litigation, without any benefit.
“We are thus of the view that all that needs to be done is to issue directions ensuring that the next cadre review due in the year 2021 is conducted. Even if the last cadre review of any of the CAPFs was done post 2016 and five years have not elapsed since the last cadre review, the cadre review of the said CAPFs be also done in the year 2021,” the court said.
The remarks came after the bench noted that issues urged in these petitions are common to all the CAPFs and it is expedient that cadre review of all is done at the same time.