SHAMBHU KUMAR NO 70020266 vs UNION OF INDIA & ORS.

Judgment text excerpt

$~89 * 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 Signature Not Verified 1 ITBP Digitally Signed By:AJIT KUMAR W.P.(C) 12971/2025 Page 1 of 8 Signing Date:31.08.2025 10:42 from Constable (Safai Karmi) to Constable (General Duty). 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 injury was sustained during training. 6. On 25 April 2016, a Medical Board was constituted in 33rd Bn which recommended petitioner to be in “LMC 3 A3L(T-24) due to complete ACL tear of right knee and P2 (T-24) due to Chronic hepatitis B w.e.f. 25.04.2016”. 7. On 22 September 2016 another Special Medical Board opined that petitioner had suffered "LMC A2L (T-24) for ACL tear and lateral meniscus tear of the righ