UNION OF INDIA & ORS. vs SH. U.S.P. KUSHWAHA,

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14.08.2025 + W.P.(C) 12263/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr.Jivesh Kr. Tiwari and Ms.Samiksha, Advs. versus SH. U.S.P. KUSHWAHA .....Respondent Through: Mr.Saket Sikri, Mr.Satish Kumar, Mr.Ajay Pal Singh Kullar, Mr.Arun Sanwal and Mr.Prakhar Khanna, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN NAVIN CHAWLA, J. (ORAL) CAV 305/2025 1. The respondent has entered appearance in the instant matter. 2. Accordingly, the Caveat stands discharged. CM APPL. 49963/2025 (Exemption) 3. Allowed, subject to all just exceptions. W.P.(C) 12263/2025 & CM APPL. 49962/2025 4. This petition has been filed challenging the Order dated Signature Not Verified Digitally Signed W.P.(C) 12263/2025 Page 1 of 6 By:REYMON VASHIST Signing Date:19.08.2025 19:23:55 24.02.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in O.A. No. 3004/2024, titled Sh. U.S.P. Kushwaha v. Union of India & Ors., allowing the aforesaid OA with the following directions: “10. Therefore, the impugned order dated 12.05.2023 and impugned subsequent orders extending the suspension of the applicant are not found to be tenable in the eyes of law and are, therefore, accordingly set aside. The applicant shall be entitled for consequential benefits in accordance with the relevant rules and instructions, which the respondents shall extend to the applicant positively within 4 weeks from the date of receipt of a copy of this order.” 5. To give a brief background of the facts in which the present petition arises, an FIR, being FIR No. RC 0052022A0031 dated 28.12.2022, was registered against the respondent under Section 154 of the Code of Crimi