Mukandi Lal Vs Union of India & Ors. — Delhi HC (2025) — LawSathi Research

Mukandi Lal Vs Union of India & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without setting aside the Tribunal's order dated 12.02.2020. The petitioner was given liberty to avail of his legal remedies against the respondents' order dated 17.05.2024 (deemed resignation w.e.f. 01.11.2008), and was directed to approach the Senior DPO, DRM Office, State Entry Road, New Delhi-110055 for release of amounts, if any due. CM APPL. 77557/2025 (Exemption) was allowed subject to all just exceptions.

Issue for consideration

Whether the order of the Central Administrative Tribunal dated 12.02.2020 in O.A. No. 4079/2014 should be set aside, as prayed for by the petitioner. +1 more

Court's answer

The petitioner is at liberty to avail of his legal remedies against the order passed by the respondents (the order dated 17.05.2024 treating him as deemed to have resigned from service w.e.f. 01.11.2008); the Court did not set aside the Tribunal's order dated 12.02.2020.

Ratio / Principle

For release of amounts, if any due from the respondents, the petitioner may approach the Senior DPO, DRM Office, State Entry Road, New Delhi-110055 for the said purpose.

Detailed headnote1 paragraphs

Delhi High Court (Navin Chawla, J., for the Bench of Navin Chawla and Madhu Jain, JJ.) disposed of W.P.(C) 18663/2025 filed by Mukandi Lal, who had sought setting aside of the Central Administrative Tribunal, Principal Bench order dated 12.02.2020 in O.A. No. 4079/2014 (Shri Mukandi Lal v. Union of India through the General Manager & Ors.). By that order the Tribunal had set aside the petitioner's removal from service dated 26.08.2005 (affirmed in appeal and revision) and the inquiry officer's report, leaving it open to the respondents either to grant retirement benefits with suitable deductions (the applicant having superannuated on 30.09.2019) or to continue disciplinary proceedings, with back-wages payable if the latter course were chosen. Counsel for the respondents stated that in compliance, vide Order dated 17.05.2024, the Competent Authority approved treating the petitioner as deemed to have resigned from service with effect from 01.11.2008, with amounts due to be released. The Court permitted the petitioner to avail of his legal remedies against that order and directed that, for release of amounts if any due, he may approach the Senior DPO, DRM Office, State Entry Road, New Delhi-110055. CM APPL. 77557/2025 (Exemption) allowed.

$~50

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 09.12.2025

W.P.(C) 18663/2025 MUKANDI LAL .....Petitioner Through: Mr.Paramjeet, Adv. (through VC)

versus

UNION OF INDIA & ORS. .....Respondents Through: Mr.Premtosh K Mishra, CGSC with Mr.Varun Vats, SPC and Ms.Rupali, GP and Mr.Prarabdh Tiwari, Mr.Anurag Tiwari, Mr.Shrey Sharma, Advocates

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN

NAVIN CHAWLA, J. (ORAL)

CM APPL. 77557/2025 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 18663/2025

This petition has been filed by the petitioner seeking the following reliefs:

“i) That the Hon'ble court may kindly be pleased to set-aside the order of CAT, order dated 12.02.2020 by the Hon'ble Justice/ Chairman of CAT.

ii) Directing the respondents to provide/handover to compensate amount to the petitioner to survive and complete his basic

Signature Not Verified

Digitally Signed W.P.(C) 18663/2025 By:REYMON VASHIST Signing Da te:1 2.12.2025 20:29:19

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day to day needs and also able to get good upbringing of his children.”

The learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ‘Tribunal’) by way of its Impugned Order dated 12.02.2020, passed in O.A. No. 4079/2014, titled Shri Mukandi Lal v. Union of India through the General Manager & Ors. , had disposed of the O.A. filed by the petitioner herein challenging his order of removal from service, with the following directions:

“14. We, therefore, set aside the impugned order dated 26.08.2005 as affirmed in appeal and revision, and the report of the inquiry officer. It is left open to the respondents to conduct fresh inquiry in accordance with law.

15. The record discloses that the applicant has attained the age of superannuation on 30.09 on 30.09.2019. One option to the respondents can be to give a quietus, to the issue by granting the retirement benefits with suitable deductions, and the other is to continue, the, disciplinary proceedings, in accordance with the relevant provisions of law. In case the second option is chosen, they shall be under obligation to pay the back-wages in accordance with law. The decision in this behalf shall be taken within two months from the date of receipt of a copy of this order.”

The learned counsel for the respondents, who appears on advance notice, submits that in compliance with the Impugned Order passed by the learned Tribunal, vide Order dated 17.05.2024, the Competent Authority has accorded approval for considering the petitioner to have deemed to have resigned from service with effect

Signature Not Verified

Digitally Signed W.P.(C) 18663/2025 By:REYMON VASHIST Signing Da te:1 2.12.2025 20:29:19

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from 01.11.2008 and, accordingly, the amounts due to the petitioner shall be released.

The learned counsel for the petitioner shall be entitled to obtain a copy of this order from the counsel for the respondents.

The petitioner may avail of his legal remedies against the said order passed by the respondents.

For release of amounts, if any due from the respondents, the petitioner may approach the Senior DPO, DRM Office, State Entry Road, New Delhi-110055 for the said purpose.

The petition is disposed of in the above terms.

NAVIN CHAWLA, J

MADHU JAIN, J

DECEMBER 9, 2025/ ns/ik

Signature Not Verified

Digitally Signed W.P.(C) 18663/2025 By:REYMON VASHIST Signing Da te:1 2.12.2025 20:29:19

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