Bhupender Singh Vs Union of India & Ors. — Delhi HC (2026) — LawSathi Research

Bhupender Singh Vs Union of India & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Respondents directed to disburse/release the petitioner's regular pension and retiral benefits (withheld since retirement on 30.11.2024) together with interest at 12 per cent per annum from two months from the date of retirement till date of actual payment, interest being confined to the benefits released belatedly; petition disposed of in those terms.

Issue for consideration

Whether the petitioner's regular pension and statutory retiral benefits (including retirement gratuity and pension commutation) could be withheld on account of pendency of a CBI case in which he was never an accused, and whether the impugned order granting only provisional pension should be set aside and the benefits released. +1 more

Court's answer

The petitioner was never arrayed as an accused in the case registered by the CBI; he was only summoned as a prosecution witness on 22.05.2019, and solely on that account his regular pension and retiral benefits were withheld for nearly 1½ years despite retirement on 30.11.2024.

Ratio / Principle

Respondents directed to release the regular pension and retiral benefits of the petitioner along with interest at 12 per cent per annum, reckoned from two months from the date of retirement till the date of actual payment.

Key takeaways

Clarified that the interest payable shall be confined to those benefits which were not released to the petitioner and are now being released belatedly.ratio¶23

Detailed headnote1 paragraphs

Retiral benefits — withholding during pendency of CBI case — petitioner, having retired on 30.11.2024 on acceptance of VRS (accepted 29.11.2024), was granted only provisional pension by order dated 04.06.2025 and denied statutory retiral benefits including retirement gratuity and pension commutation solely because he had been summoned by the CBI as a prosecution witness on 22.05.2019 — chargesheet filed by CBI on 29.01.2025 did not array him as an accused, and in a previous writ petition the CBI itself had clarified his status as prosecution witness, not accused — High Court held withholding on that sole ground untenable, noted respondents' communication dated 13.05.2026 deciding to disburse regular pension and retiral benefits, and directed release of regular pension and retiral benefits with interest at 12 per cent per annum from two months from the date of retirement till date of actual payment — interest confined to benefits released belatedly — petition disposed of.

$~57

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 6342/2026

BHUPENDER SINGH .....Petitioner

Through: Mr Himanshu Gautam & Ms Niharika Punn, Advs.

versus

UNION OF INDIA & ORS. .....Respondents Through: Ms. Brijesh Kumar TamberCGSC, Ms. Kirti Barthwal, Chanchala Kumari, Ms. Arani Mukherjee, Mr. Vinay Singh Bist, Advs. & Mr. Gaurav Khosla-GP.

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

O R D E R % 13.05.2026

The present writ petition has been filed seeking setting aside of the impugned order dated 04.06.2025, whereby the Petitioner has only been granted provisional pension and his statutory retiral benefits including retirement gratuity and pension commutation have been withheld on account of pendency of a CBI case.

On 11.05.2026, the following order was passed:

“1. The grievance of the Petitioner is with respect to refusal of the competent authority to release his retiral benefits. The Petitioner claims that he was summoned by the Central Bureau of Investigation as a witness in the year 2019 but he has never been arrayed as an accused.

W.P.(C) 6342/2026

Page 1 of 3

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 15/05/2026 at 13:00:39

2. The Petitioner also claims that in a previous writ petition, Central Bureau of Investigation has clarified that the status of the Petitioner in the criminal case pending before it is that of a prosecution witness and not an accused.

3. The request of the Petitioner for grant of VRS has been accepted on 29.11.2024.

4. Learned counsel representing the Respondents prays for and is granted a short accommodation to take instructions.

5. Hence, adjourned to 13.05.2026. To be listed in the “supplementary list”.

Learned counsel representing the Respondents submit that the CBI filed chargesheet on 29.01.2025. It is evident that the Petitioner was never arrayed as an accused in the case registered by the CBI. The Petitioner was only summoned as a prosecution witness on 22.05.2019. Solely, on that account, the regular pension and retiral benefits of the Petitioner were withheld for a period nearly 1 & ½ years, as his voluntary retirement was accepted on 29.11.2024 and he stood retired on 30.11.2024.

Today, learned counsel representing the Respondent has produced communication dated 13.05.2026, wherein decision has been taken to disburse the regular pension and retiral benefits in favour of the Petitioner.

Keeping in view the aforesaid position, the Respondents are directed to release the regular pension and retrial benefits of the Petitioner, along with interest at the rate of 12 per cent per annum, from two months from the date of retirement till date of actual payment.

It is clarified that the amount of interest shall be confined to the benefits which were not released to the Petitioner and are being released now belatedly.

W.P.(C) 6342/2026

Page 2 of 3

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 15/05/2026 at 13:00:39

The petition is disposed of in the aforesaid terms.

ANIL KSHETARPAL, J

AMIT MAHAJAN, J

MAY 13, 2026 “SK”

W.P.(C) 6342/2026

Page 3 of 3

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 15/05/2026 at 13:00:39