SHAMBHU KUMAR NO 70020266 vs UNION OF INDIA & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 12971/2025 & CM APPL. 53065/2025, CM APPL. 53066/2025 SHAMBHU KUMAR NO 70020266 .....Petitioner Through: Mr. U.S. Maurya, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Piyush Beriwal, Adv. with Mr Devender Singh Officer (DC) (Jag) ITBP for R-1 to 3 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 27.08.2025 C. HARI SHANKAR, J. 1. The petitioner joined the Indo Tibetan Border Police1 as Constable (Safai Karmi) on 23 August 2007. 2. As per the policy of the ITBP, Constables, after completing 3 years and 55 days qualifying service, could apply for change of cadre, via a departmental test. On 4 January 2015, the petitioner was declared as having qualified in the said test for change of his cadre 3. This switch of cadre is alternatively referred to as “remusteration”. 4. During training after resmusteration on 22 June 2015, the petitioner suffered “Horizontal Tear Lateral Mensues & Complete ACL Tear Right Knee” – basically, a tear in his knee ligaments. 5. On 12 September 2015, a Court of Inquiry2 was constituted to ascertain the cause of injury. The COI confirmed that the in