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january 2026

Delhi High Court · 2026-01-07

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

Citation / case number
W.P.(C)-1414/2019 2026:DHC:66-DB
Court
Delhi High Court
Petitioner
BIRENDRA SINGH KUNWAR
Respondent
UNION OF INDIA THROUGH SECRETARY (R) AND ANR.
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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). 15. Having regard to the aforesaid legal positions, now this Court