UNION OF INDIA & ORS. vs BRIJESH SINGH THROUGH LRS SH VISHAL SAXENA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.09.2025 Pronounced on: 19.09.2025 + W.P.(C) 11226/2025 & CM APPL.46173/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Satya Ranjan Swain, SPC, Mr. Kautilya Birat, Mr. Prem Prakash Sharma & Ms. Shashi Bala, Advs. versus BRIJESH SINGH THROUGH LRS SH VISHAL SAXENA .....Respondent Through: Nemo CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN JUDGMENT MADHU JAIN, J. 1. This petition has been filed challenging the Order dated 28.08.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) in O.A. No. 3690/2018, titled Brijesh Singh through LRs. v. Union of India & Ors., whereby the learned Tribunal allowed the O.A. filed by the respondent herein and quashed the Orders dated 09.07.2013, 16.07.2013, and 07.07.2018 by which the petitioners had sought to recover an amount of Rs. 14,71,995/- from the respondent on account Signature Not Verified Signed By:RENUKA W.P.(C) 11226/2025 Page 1 of 10 NEGI Signing Date:19.09.2025 19:38:40 of alleged shortage of ballast, the amount was recovered from his death-cum-Retirement Gratuity benefit, and his representation there against was rejected. The learned Tribunal also directed the petitioners to refund the entire amount deducted from the Death-cum-Retirement Gratuity (DCRG) or any other retirement benefits with interest at applicable GPF rates. BRIEF FACTS OF THE PRESENT CASE: - 2. The respondent was appointed as a Permanent Way Inspector (PWI), Grade-III, in the year 1980, and was subsequently promoted to the post of Senior Section Engineer in the year 1997. In 2003, he was again promoted to the post of Senior Section Engineer and posted at Palwal Railway Station under the Jhans