Union of India and Ors. Vs Ms. Mona Srivastava — Delhi HC (2026) — LawSathi Research

Union of India and Ors. Vs Ms. Mona Srivastava — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned Order dated 11.01.2023 set aside; matter remitted to the Central Administrative Tribunal to consider and decide both the Original Applications together on a comprehensive and holistic view; parties directed to appear before the Tribunal on 05.02.2026; Writ Petition and all pending applications disposed of.

Issue for consideration

Whether the Order dated 11.01.2023 passed by the Central Administrative Tribunal, setting aside the Order (Notice) dated 15.01.2021 rectifying the Respondent's date of birth from 12.05.1975 to 12.05.1973 solely for want of an opportunity of hearing, was correct. +1 more

Court's answer

The Impugned Order dated 11.01.2023 is set aside, and the matter is remitted to the Tribunal with a request to consider and decide both the Original Applications together, taking a comprehensive and holistic view of the entire controversy.

Ratio / Principle

The alleged misconduct attributed to the Respondent pertains to the alteration of service records, which also forms the basis of the Impugned Order; accordingly, the issues in the Writ Petition and in O.A. No. 4073/2025 are interconnected and arise from the same factual matrix.

Key takeaways

The Tribunal shall adjudicate the matter independently and on its own merits, without being influenced by any observations made in this order or in the earlier Impugned Order.obiter¶19

Detailed headnote1 paragraphs

Delhi High Court (Anil Kshetarpal & Amit Mahajan, JJ.), W.P.(C) 10177/2023 & CM APPL. 39438/2023, Union of India & Ors. v. Mona Srivastava, decided 19.01.2026: The Petitioners assailed the Central Administrative Tribunal's Order dated 11.01.2023, whereby the Tribunal had set aside the Railways' Order (Notice) dated 15.01.2021 (Annexure P-4) rectifying the Respondent's date of birth from 12.05.1975 to 12.05.1973, solely on the ground that no opportunity of hearing had been granted to her. Observing that the Respondent's date of birth was consistently recorded as 12.05.1973 in her academic career, recruitment examination and at entry into service, and that disciplinary proceedings over the alteration of service records had led to a penalty of compulsory retirement now under challenge in O.A. No. 4073/2025 (listed 23.02.2026), the Court held the issues in the Writ Petition and that O.A. interconnected, arising from the same factual matrix. The Court set aside the Impugned Order and remitted the matter to the Tribunal to consider and decide both Original Applications together on a comprehensive and holistic view; parties were directed to appear before the Tribunal on 05.02.2026, and the Tribunal was to adjudicate independently on merits without being influenced by observations in this order or the earlier Impugned Order. The Writ Petition, with all pending applications, was disposed of.

$~75

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 10177/2023 and CM APPL. 39438/2023

UNION OF INDIA AND ORS. .....Petitioners

Through: Mr. N.K. Aggarwal, Sr. Panel Counsel for UOI.

versus

MS. MONA SRIVASTAVA .....Respondent Through: Ms. Avnish Ahlawat, SPService with Mr. Vishwendra Verma, Ms. Shivali Mr. Nitesh Kumar Singh, Ms. Aliza and Mr. Mohnish Sehrawat, Advs. along with Respondent in person.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 19.01.2026

Through the present Writ Petition, the Petitioners assail the correctness of the Order dated 11.01.2023 [hereinafter referred to as ‘Impugned Order’] whereby the Central Administrative Tribunal [hereinafter referred to as ‘Tribunal’] has set aside Order (Notice) dated 15.01.2021 (Annexure P-4), by which the date of birth of the Respondent was rectified from 12.05.1975 to 12.05.1973, solely on the ground that no opportunity of hearing was granted to the Respondent.

It is a matter of record that throughout the entire academic career of the Respondent, her date of birth has consistently been recorded as 12.05.1973. She appeared in the recruitment examination declaring her date of birth as 12.05.1973, and upon entry into service, she again disclosed her date of birth as 12.05.1973. Subsequently, an erroneous entry reflecting her date of birth as 12.05.1975 came to be

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 20/01/2026 at 12:58:31

recorded in certain service records, which was thereafter rectified by the Railways vide order dated 15.01.2021.

In relation to the changes in the service records, disciplinary proceedings were initiated against the Respondent, culminating in submission of an enquiry report and imposition of the penalty of compulsory retirement. The said penalty is presently under challenge in O.A. No. 4073/2025, which is listed before the Tribunal on 23.02.2026.

It is evident that the alleged misconduct attributed to the Respondent pertains to the alteration of service records, which also forms the basis of the Impugned Order. The issues arising in the present Writ Petition and in O.A. No. 4073/2025 are, therefore, interconnected and arise from the same factual matrix. Consequently, the Impugned Order dated 11.01.2023 is set aside, and the matter is remitted to the Tribunal with a request to consider and decide both the Original Applications together, by taking a comprehensive and holistic view of the entire controversy.

The parties, through their respective counsel, are directed to appear before the Tribunal on 05.02.2026. 6. Needless to observe that the Tribunal shall adjudicate the matter independently and on its own merits, without being influenced by any observations made in this order or in the earlier Impugned Order.

Accordingly, the present Writ Petition, along with all pending applications, is disposed of.

ANIL KSHETARPAL, J.

AMIT MAHAJAN, J.

JANUARY 19, 2026 /sp/pal

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 20/01/2026 at 12:58:31