BIRENDRA SINGH KUNWAR vs UNION OF INDIA THROUGH SECRETARY (R) AND ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 19.11.2025 Pronounced on: 07.01.2026 + W.P.(C) 1414/2019 BIRENDRA SINGH KUNWAR .....Petitioner Through: In person (through V/C) versus UNION OF INDIA THROUGH SECRETARY (R) AND ANR .....Respondents Through: Ms. Arti Bansal, CGSC for UOI CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN JUDGMENT MADHU JAIN, J. 1. The petitioner has filed the present petition, challenging the Order dated 25.09.2018 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, the ‘Tribunal’) in O.A. No. 202/2018, titled Birendra Singh Kunwar v. Union of India through Secretary (R) & Anr., whereby the learned Tribunal dismissed the said O.A., observing as under: “14. It is also well settled that there is no bar in continuance of the disciplinary proceedings even after the retirement of the Government servant for imposing the punishment as contemplated under Rule 9 of CCS (Pension) Rules, 1972, as held by the Hon'ble Apex Court in the case of Secretary, Forest Department vs. Abdur Rasul Chowdhury, AIR 2009 SC 2925). Signature Not Verified Signed By:RENUKA W.P.(C) 1414/2019 Page 1 of 20 NEGI Signing Date:07.01.2026 18:19:09 15. Having regard to the aforesaid legal positions, now this Court will examine the issue involved in this case. As it is an admitted position that the applicant, while filling a proforma to be submitted at his headquarter had mentioned the name of Ms. Manihal Devi as his wife whereas as per the records, his wife's name is Ms. Suman and the marriage of the applicant with Ms. Suman still subsists as there was no legal divorce nor dissolution of marriage between them and further the applicant applied for passports by mentioning his live-in companion Ms