PRABHAT SINGH CHARAK vs UNION OF INDIA & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: July 30, 2025 % Pronounced on: October 29, 2025 + W.P.(C) 5823/2015 & CM APPL. 15549/2019, CM APPL. 41099/2019 PRABHAT SINGH CHARAK .....Petitioner Through: Mr. Anuj Aggarwal with Mr. Vikrant Chawla, Ms. Manika V. Aggarwal, Mr. Mayank Chauhan, Advocates Versus UNION OF INDIA & ANR .....Respondents Through: Mr. Vinay Yadav, with Mr. Ansh Kalra, Ms. Kamna Behrani, Mr. Siddharth Gautam, Advocates with Insp Athurv CRPF, Mr Ramniwas Yadav, CRPF CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT SAURABH BANERJEE, J. PREFACE: 1. The petitioner, vide the present writ petition under article 226 of Constitution of India, seeks issuance of a Writ of Certiorari for quashing the order dated 31.12.2013 passed by the respondents awarding penalty of withholding 30% monthly pension for a period of five years, quashing the Show Cause Notice dated 08.02.2014 and the order dated 24.12.2014 W.P.(C) 5823/2015 Page 1 of 34 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:29.10.2025 18:37:12 issued by the respondents, as also issuance of a Writ of Mandamus directing the respondents to treat the entire period of service of the petitioner from the date of initial compulsory retirement i.e. 28.02.1999 to the date of superannuation, i.e. 31.03.2013 as ‘period spent on duty’ for all purposes along with all consequential benefits as also for directing the respondents to fix the pay of the petitioner as per the prevalent rules and determine the post-retirement benefits including pension, GPF, leave encashment, etc. after taking into account the periods deemed to be spent on duty and after granting ACP/ MACP benefits. BRIEF CONSPECTUS: 2. Since the present proceedings involve a chequered