MITHLESH SHARMA vs UOI & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 16.02.2026 Judgment pronounced on: 13.03.2026 + W.P.(C) 3231/2005 MITHLESH SHARMA .....Appellant Through: Mr. R.K. Saini, Adv. versus UOI & ORS. .....Respondents Through: Mr. Amit Tiwari, CGSC with Ms. Ayushi Srivastava, Mr. Ayush Tanwar, Mr. Arpan Narwa and Mr. Kushagra Malik, Advs. for R-1/UOI. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT AMIT MAHAJAN, J. 1. The present Writ Petition is filed assailing the order dated 19.09.2003 (hereinafter ‘impugned order’) passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter ‘Tribunal’) in O.A. No. 937/2003. 2. Succinctly stated, the present petition is filed by the widow of late Shri Tirath Prakash, who was employed as a clerk in the Foreign Post Office, New Delhi. The husband of the Petitioner was placed under suspension with effect from 26.07.1973, by Respondent No. 2, on Signature Not Verified Signed By:HARMINDER KAUR W.P.(C) 3231/2005 Signing Date:17.03.2026 Page 1 of 11 15:53:19 account of a criminal investigation for corruption being initiated against him by the Central Bureau of Investigation. 3. The learned Trial Court, vide order dated 23.05.1977, convicted the husband of the Petitioner under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and Section 157 of the Indian Penal Code, 1860. The learned Trial Court further sentenced the husband of the Petitioner to undergo one-year rigorous imprisonment and a fine of Rs. 2,000/-, for the offences punishable under the Prevention of Corruption Act, 1947, and one-year rigorous imprisonment and a fine of Rs.500/-, for the offences punishable under the Indian Penal Code, 1806. 4. As a consequence of t