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HC upholds previous verdict in 'CRPF officer's demotion case'
11/10/2014 11:25:41 PM
Early Times Report

Srinagar, Nov 10: Jammu and Kashmir High Court has upheld single bench judgment while dismissing Shamsher Singh Sandhu's petition against an order by Union Ministry of Home Affairs with regard to his demotion from the rank of Inspector General to Deputy Inspector General of Paramilitary CRPF.
A Division Bench headed Chief Justice rejected his appeal after fresh medical report, declaring him not possessing SHAPE-1 medical category.
Earlier a single bench of the high court comprising Justice Ali Mohammad Magrey had said, "The promotion order of the petitioner was revoked in consequences of determination of his medical category as Shape 2 (permanent). "The petitioner has not challenged the determination of the aforesaid medical category. Since possession of SHAPE-1 medical category is a mandatory requirement for promotion in the CRPF and the petitioner did not possess the same, his promotion order has rightly been revoked as being wrong," the court had earlier stated
Pertinently on February 15, 2013, the MHA had issued an order, divesting S SSandhu of his charge as Inspector General (Op) Kashmir for not having mandatory 'SHAPE1' fitness.
Sandhu was demoted after a board set up by the home ministry found discrepancies in his physical fitness records. A CRPF officer is promoted only if he is certified as 'SHAPE 1', but he was found ineligible for promotion by the team doctors.
Later, on March 7 last year, the MHA passed another order, transferring him at the Office of Special DG, J&K, Zone CRPF Jammu. Upset by the orders, Sandhu had filed the petition, challenging the orders by the MHA.
Sandhu in his petition had termed the orders as "arbitrary and invidiously discriminatory" of the constitutional guarantees under Article 311 (2) of the Constitution to him as well as against minimum required principles of natural justice.
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