W.P.(C)/3157/2026 of SANJAY KHALI Vs UNION OF INDIA AND OTHERS
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3157/2026 and CM APPL. 15224/2026
SANJAY KHALI .....Petitioner
Through: Mr. Raghunath Pathak, Mr.
Shivam, Mr. Shweta Priya, Mr.
Kailash Jha, Advs.
versus
UNION OF INDIA AND OTHERS .....Respondents
Through: Mr. Farman Ali, CGSC with
Ms. Usha Jamnal, GP with Mr.
Devender Singh, JAG ITBP.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 09.04.2026
1. Through the present Petition filed u nder Article 226 of the
Constitution of Ind ia, the Petitioner seeks issuance of a writ in the
nature of certiorari for quashing the order dated 20.02.2026
[hereinafter referred to as ‘Impugned Order’] passed by the
Respondent/Indo Tibetan Border Police For ce (‘ITBP’), whereby the
Petitioner has been medically boarded out of service.
2. A perusal of the record reflects that the Petitioner has been
boarded out of service from ITBP based on the opinion of the Medical
Board which said that the Petitioner suffered from Alcohol Dependent
Syndrome (‘ADS’). The Medical Board also declared the Petitioner
unfit for further service on account of mental and behavioral disorder
due to use of alcohol.
3. Previously also, when the Medical Board gave an opinion, the
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Petitioner filed W.P.(C) 553/2026 captioned Sanjay Khali v. Union of
India and Others before this Court, which was disposed of on
20.01.2026 and the following order was passed:
“1. This petition is filed by the petitioner with the following prayers:-
“a) Issue a Writ in the nature of certiorari or such other
appropriate writ or orders quashing the Show Cause Notice
bearing Number 8027 dated 22.12.2025 issued by the
Commandant, 21st Battalion I.T.B.P as arbitrary, illegal and
issued during the pendency of the ma tter before this Hon'ble High
Court.
b) Transfer the petitioner from 21st Battalion I.T.B.P, Srinagar,
Jammu & Kashmir to some other battalion so that the petitioner is
not mentally harassed by the senior officers of 21st battalion.
c) Pass any such furt her order/order(s) as this Hon'ble Court may
deem fit and proper in the circumstances of the case”
2. In effect, the challenge of the petitioner is to the order dated
22.12.2025 passed by the respondents. The order dated 22.12.2025
being the show cause not ice, paragraph no.5 thereof, inter alia, reads
as under:-
अतः भा.तत.सी.पु.बल तियमावली 1994 के तियम 26 (3) में तितित प्रावधाि ों के अन्तगगत
आपक इस ि तिस के माध्यम से अवगत कराया जाता िै, तक अगर आप उक्त इन्वेतलडेशि
मेतडकल ब डग के तिर्गय से सिमत/सोंतुष्ट ििीों िै, त इस ि तिस के जारी ि िे की ततति से 30
तिि के अन्दर अपिी अपील कर सकते िै, तजसमें तितकत्सा ब डग द्वारा व्यक्त राय में तिर्गय की
त्रुतिय ों का प्रिम दृष्टया साक्ष्य भी ि िा िातिए। ऐसा साक्ष्य सरकारी तितकत्सक ज तक तसतवल
सजगि के पि से िीिे का ििीों ि द्वारा तिया जािा िातिए और इसमें यि तवतशष्ट उल्लेख ि िा
िातिए तक उन्ह िे अपिा मत प्रकि करिे से पूवग तितकत्सीय ब डग के तिर्गय क ध्याि में रखा िै।
यति आपके द्वारा अपिी अपील उक्त अवतध के अन्दर प्रस्तुत ििीों की जाती िै, त यि माि
तलया जायेगा तक आप इन्वेतलडेशि मेतडकल ब डग (INVALIDATION MEDICAL BOARD)
के तिर्गय से सिमत िै और आपक भा.तत.सी.पु.बल से कायगमुक्त कर तिया जाएगा।
3. On the last date of hearing, the submission on behalf of the
petitioner was that the petitioner has not received the opinion given by
the Invalidation Medical Board (IMB), because of which, the
petitioner is unable to submit the appeal before the Appellate Board.
4. Today, the learned counsel for the respondents has placed before us
the proceedings of IMB and a copy thereof has been given to Mr
Sudhir Nandrajog, learned Senior Counsel for the petit ioner. At this
stage, Mr Nandrajog states that as the petitioner has received the
copy of the IMB today, the petitioner shall proceed in accordance with
para no.5 of the show cause notice, as reproduced above. Hence, 30
days must be counted from today and also till such time the appeal is
filed before the Appellate Authority, the respondents should not take
any coercive action.
5. Having noted the above submissions, we agree with the submissions
made by Mr. Nandrajog. We grant liberty to the petitioner to file an
appeal, as is stated in paragraph no.5 of the above mentioned show
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cause notice.
6. It is made clear that the respondents shall not take any coercive
action against the petitioner for the next 30 days, commencing from
today. It goes without saying that on filing of such appeal before the
Appellate Board, the Appellate Board shall consider the appeal in
accordance with law/ relevant rules.
7. The petition along with pending application is disposed of.”
4. As per Rule 26(3) of the Indo-Tibetan Borde r Police Rules,
1994 [hereinafter referred to as ‘ITBP Rules’], if Medical Board finds
any subordinate officer or enrolled person unfit for further service in
the Force, there is a provision to challenge the same by way of filing a
representation to the Co mpetent Authority supported by a prima facie
evidence of error of judgement in the opinion expressed by the
Medical Board.
5. Under Rule 26(4) of the ITBP Rules, there is a further provision
for referring the officer to another Medical Board for review, provided
a representation was made in this regard.
6. However, under Rule 26(5) of the ITB P Rules, if no
representation is made against the opinion of the Medical Boa rd, the
Competent Authority would declare him unfit for further service and
thereafter, discharge him.
7. Pursuant to the order passed on 20.01.2026, the Petitioner was
granted 30 days’ time to file an appeal before the Appellate Board.
However, the Petitioner did not file any appeal and ultimately, the
Petitioner was boarded out of service on 2 0.02.2026, which is the
subject matter of challenge in the present Petition.
8. Learned counsel representing the Petitioner submits that only
151 pages of the Medical Board opinion was given to the Petitioner
relating to his medical documents, which, he deems insufficient.
9. Per contra , learned counsel representing the Respondents
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submits that the Petitioner had been provided the relevant medical
record and that the Petitioner had never applied for constituting a fresh
Medical Board to revie w the opinion of the earlier Medical Board.
The Com petent Authority, while passing the Impugned Order , had
examined the Petitioner’s record in detail.
10. Keeping in view the aforesaid facts, this Court finds no
infirmity with the Impugned Order to exerci se its extraordinary
jurisdiction under Article 226 of the Constitution of India.
11. The present Petition is accordingly dismissed. The pending
application also stands closed.
ANIL KSHETARPAL, J.
AMIT MAHAJAN, J.
APRIL 09, 2026
jai/kb
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/04/2026 at 12:09:47