CHANDAN MISHRA DWIVEDI vs UNION OF INDIA & ORS.

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5038/2026 and CM APPL. 24782/2026, CM APPL. 24783/2026 & CM APPL. 24784/2026 CHANDAN MISHRA DWIVEDI .....Petitioner Through: Mr. Sanjoy Ghose, Sr. Adv. with Mr. Ashim Shridhar and Ms. Radhika Gupta, Advs. versus UNION OF INDIA & ORS. ...Respondents Through: Mr. Ripudaman Bhardwaj, CGSC with Mr. Kushagra Kumar and Mr. Amit Kumar Rana, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 16.04.2026 C. HARI SHANKAR, J. 1. This writ petition assails order dated 2 April 2026 passed by the Central Administrative Tribunal1 in OA 4803/2024. 2. The respondent is serving as the Chief Controller of Accounts in the Central Board of Indirect Taxes and Customs, New Delhi2. 3. On the allegation that there were certain irregularities 1 “Tribunal” hereinafter 2 “CBIC” hereinafter Signature Not Verified W.P.(C) 5038/2026 Page 1 of 13 Digitally Signed By:AJIT KUMAR Signing Date:20.04.2026 12:39:26 committed by her with respect to the Assistant Accounts Officer3 (Civil) Examinations conducted in 2013-14, the petitioner was issued a show cause notice on 28 March 2016, seeking an explanation. The petitioner submitted an explanation on 11 April 2016. Thereafter, no disciplinary inquiry was conducted immediately following the show cause notice. 4. The petitioner was promoted as Chief Controller of Accounts in the CBIC on 18 June 2021. 5. On 27 June 2023, the petitioner was issued a memorandum4 proposing to initiate disciplinary proceedings against her, under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The allegation in the charge sheet pertained to the subject matter of the earlier show cause notice/memorandum dated 28 March 2016, i.e., that th