dhananjay kumar pandey v. union of india & ors

● 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