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Delhi High Court - Orders

Tejinder Pal Singh Bhinder vs Chief Controller Of Accounts & Ors on 16 May, 2025

Author: Navin Chawla

Bench: Navin Chawla

                  $~33
                  *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +    W.P.(C) 6/2023
                       TEJINDER PAL SINGH BHINDER                  .....Petitioner
                                      Through: Mr. S.D. Windlesh, Adv.
                                      versus
                       CHIEF CONTROLLER OF ACCOUNTS & ORS.
                                                              .....Respondents
                                      Through: Mr. Ajay Jain, Senior Panel
                                               Counsel, UOI with Mr. Kunaal
                                               Sharma, Mr. Bijay Lakshmi,
                                               Mr. Manoj Gautam, Mr. Akul
                                               Singh Chalia, Mr. Krishna
                                               Sharma & Mr. M.N. Mishra,
                                               Advs.
                       CORAM:
                       HON'BLE MR. JUSTICE NAVIN CHAWLA
                       HON'BLE MS. JUSTICE RENU BHATNAGAR
                                                          ORDER

% 16.05.2025 CM APPL. 25815/2023 & CM APPL. 70815/2024

1. CM Appl. 25185/2023 has been filed by the petitioner, praying for the following relief:

" i. This Hon'ble Court may kindly direct the respondents to issue whole life CGHS Card to the petitioner as the OM No. S11011/31/201014-CGHS (P/EHS) dated 11.04.2017 is not applicable retrospectively in this case, ii. This Hon'ble Court in its inherent jurisdiction under article 226 may also direct the respondents to decide the representation/appeal dated 24.10.2017 against the enquiry report dated 21.06.2017 filed by the Enquiry Officer within eight weeks and disburse the arrears within 12 weeks thereafter as outer limit, iii. This Hon'ble Court may direct the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 18:03:53 respondents to recover the amount payable for issue of Whole life CGHS card to the petitioner from the arrears payable by the respondents to the petitioner.
iv. This Hon'ble Court may kindly pass any other order as it may deem fit and just in the facts and circumstances of the case in favor of the petitioner and against the respondents."

2. This Court, vide its order dated 26.07.2023, directed that, on the petitioner applying to the respondents for grant of CGHS card by paying an amount of Rs. 10,000/-, the respondent shall issue the CGHS card to the petitioner within a period of one month as an outer limit.

3. We are informed by the learned counsel for the respondent that the CGHS card was issued to the petitioner.

4. The petitioner has now filed an application, being CM APPL. 70815/2024, stating that the CGHS card issued to the petitioner shall expire on 31.05.2025 and therefore, prays for a direction to the respondents to renew the post retired CGHS card of the petitioner prior to its expiry.

5. The learned counsel for the respondent submits that the CGHS card issued to the petitioner shall be duly revalidated on a yearly basis in terms of the O.M. dated 11.04.2017.

6. On the other hand, the learned counsel for the petitioner submits that the case of the petitioner would be governed by the O.M. M.F., F.No. 12/165/90-Co-ord, dated 21.01.1991, which directs the CGHS Card to be issued permanently.

7. As far as to which O.M. will govern the case of the petitioner, the same is a subject matter to be determined in the writ petition as This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 18:03:53 well. For the present, we record the submission of the learned counsel for the respondent that the respondent shall renew the CGHS card of the petitioner from time to time during the pendency of the present petition.

8. We further direct that no further charges for the same shall be payable by the petitioner at the time of seeking renewal.

9. The applications are, disposed of in the above terms. W.P.(C) 6/2023

10. The main dispute between the parties is the pendency of a Departmental Inquiry since the year 2013 against the petitioner.

11. We are already 12 years down the line and still there is no end of the tunnel for the same.

12. The learned counsel for the respondent shall seek instruction on the status of the inquiry proceedings.

13. We further direct that the inquiry proceedings, if not already culminated into an order, must be closed within a period of six months from today, failing which this Court may have to pass an appropriate direction in that regard.

14. List on 8th December, 2025.

NAVIN CHAWLA, J RENU BHATNAGAR, J MAY 16, 2025/pr/kz/ik Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 18:03:53