dhananjay kumar pandey v. union of india & ors
Court / Authority
Delhi High Court
Update / Judgement Date
16 Oct 2026
Date of Publication
18 Oct 2026
Case No.
W.P(C) 15110/2026
Source
WCP News Bulletin
Author
Soumya Gupta — WCP Legal Desk
Reading Time
4 min read
● The petitioner was appointed in the CRPF after clearing medical examinations.
● During his posting at RTC, Neemuch, MP in 2024, a conduct report recorded that he was performing assigned duties and abstaining from alcohol; however, the Departmental Rehabilitation Board (DRB) held between 22.05.2024 and 29.05.2024 declared him 'UNFIT' for further service due to Alcohol Dependence Syndrome.
● Despite a favourable assessment report dated 08.04.2026, the Medical Invalidation Board (MIB) examined the petitioner on 25.07.2026 and declared him 'UNFIT'.
● An Invalidation Notice dated 23.09.2026 was served proposing to remove him from service, prompting the petitioner to file a reply on 01.10.2026.
● Without waiting for a decision on the reply, the petitioner approached the High Court via W.P.(C) 15110/2026 under Article 226 challenging the DRB and MIB recommendations.
Issues For Consideration:
● Whether the writ petition challenging the medical invalidation recommendations and notice is premature when no final decision has been taken on the petitioner's reply by the respondents.
● Whether the authorities failed to follow Standing Order No. 04/2008 and the policy for rehabilitation of disabled CAPF personnel.
Submissions Of Parties:
● Petitioner / Appellant:
○ Argued that the DRB and MIB recommendations ignored contemporaneous behavioural and unit reports showing compliance and abstinence.
○ Invoked paragraph 22.5(f) of Standing Order No. 04/2008 governing Alcohol Dependence/Drug Abuse, which mandates progressive medical classification and consideration of response to treatment and abstinence.
○ Contended that the respondents failed to carry out rehabilitation and assign commensurate duties as mandated by paragraph 4 of the policy for 'Rehabilitation of Disabled CAPFs Personnel' dated 14.12.2023.
● Respondent / State:
○ Submitted that the writ petition is premature since the respondents have yet to take a final decision on the show cause/invalidation notice after considering the petitioner's reply.
○ Assure that a final decision would be taken within 2 weeks.
Court's Observations & Analysis:
● Re: Issue: Maintainability and Premature Nature of the Petition
○ The Court observed that the petitioner was served with an Invalidation Notice dated 23.09.2026, requiring a reply within a month, which the petitioner filed on 01.10.2026.
○ Because no final decision had been taken by the respondents on the reply until the date of hearing, the Standing Counsel's contention that the writ petition was premature is correct.
○ The Court noted that the grievance should first be addressed by the administrative authorities by evaluating the reply, contemporaneous unit reports, and applicable guidelines.
● Held: The writ petition is premature to the extent that no final decision has been rendered, and the matter requires disposal with directions to the respondents to pass a reasoned order (Paras 10-11).
Decision & Directions:
● The writ petition and pending applications are disposed of.
● The respondents are directed to take a definitive decision on the Invalidation Notice dated 23.09.2026, explicitly considering the petitioner's reply, contentions regarding Para 22.5(f) of Standing Order No. 04/2008, Para 4 of the Policy dated 14.12.2023, and other behavioural/conduct reports.
● The decision must be rendered through a reasoned and speaking order within three weeks, and communicated to the petitioner within one week thereafter.
● If the decision is adverse, it shall not be given effect for a period of three weeks from communication, allowing the petitioner to pursue legal remedies.
● Separate Opinions: None.
Legal Provisions Discussed & Precedents Cited:
● Constitution of India, 1950 - Article 226: Power of High Courts to issue certain writs.
● Code of Civil Procedure, 1908 - Section 151: Saving of inherent powers of Court.
● Standing Order No. 04/2008 - Paragraph 22.5(f): Disposal of cases of Alcohol Dependence/Drug Abuse in paramilitary forces.
● Policy for 'Rehabilitation of Disabled CAPFs Personnel' dated 14.12.2023 - Paragraph 4: Assessment and assignment of commensurate jobs for rehabilitation.
● Precedents Cited: None discussed
Full Judgement / Attachment
Full Judgement
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