H L Khurana vs Delhi Development Authority (Dda) on 13 April, 2026

[Cites 17, Cited by 0]

Central Administrative Tribunal - Delhi

H L Khurana vs Delhi Development Authority (Dda) on 13 April, 2026

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                                                                            CENTRAL ADMINISTRATIVE TRIBUNAL
                                                                               PRINCIPAL BENCH, NEW DELHI

                                                                                     OA No.1720/2024
                                                                                     MA No. 1278/2025

                                                                                               Order Reserved on: 07.04.2026
                                                                                             Order Pronounced on: 13.04.2026

  Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
  Hon'ble Dr. Anand S. Khati, Member (A)

  H.L. Khurana,
  ASO/DDA (Retired)
  S/o Late Sh. Moti Lal Khurana,
  R/o Plot No.118, WZ-130, Ravi Nagar,
  New Delhi-110018                                                                                           - Applicant

  (By Advocate: Mr. Vivin Kumar Ahuja)

                                                                                         VERSUS

  The Chairman,
  Delhi Development Authority,
  Vikas Sadan, INA, New Delhi-110023

                                                                                                                - Respondent


  (By Advocate: Mr. Arun Birbal)




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 LALIT
                    CENTRAL ADMINISTRATIVE TRIBUNAL
                       PRINCIPAL BENCH, NEW DELHI

                                OA No.198/2017

                                                  Reserved on: 14.01.2026
                                               Pronounced on: 04.02.2026

       Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
       Hon'ble Dr. Sumeet Jerath, Member (A)

       Balwan Singh Mehta, S/o Sh. Prem Raj,
       Lab. Supdt. In Northern Railway,
       Central Hospital, New Delhi,
       Aged about 47 years,
       R/o 158/16, Railway Colony,
       Basant Road, New Delhi-55                           - Applicant

       (By Advocate: Mr. Anil Singal)

                                  VERSUS

       1. Union of India,
          Through its Secretary,
          Ministry of Railways, Rail Bhawan,
          New Delhi

       2. General Manager (P),
          Northern Railway, Baroda House, New Delhi

       3. Railway Recruitment Board (Allahabad)
          Through its Chairman,
          DRM Office Complex,
          Nawab Yusuf Road, Allahabad

       4. DRM (P)
          Northern Railway, Lucknow, UP

       5. Mahesh Chandra Bhimavad,
          Working as Lab. Supdt.
          Sub Divisional Railway Hospital,
          Itarasi, MP




GOSAIN
       6. Mahavir Pandit, working as Lab. Supdt.,
          Northern Railway Divisional Hospital,
          Lucknow, UP

       7. Kulbhushan Doval, Working as Lab. Supdt.,
          Northern Railway Divisional Hospital, Lucknow, UP - Respondents

  (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
  Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
                                                                                                2

                                                                                           ORDER

  Hon'ble Ms. Harvinder Kaur Oberoi, Member (J):

1. MA No. 1278/2025 1.1 The present submissions are being made on behalf of the Applicant in MA No. 1278 of 2025. It is submitted that the Applicant has filed OA No. 1720/2024 which is pending before this Hon'ble Tribunal wherein the Applicant has challenged the order dated 19.02.2024 imposing the penalty of withholding of 40% pension permanently with immediate effect upon Shri H.L. Khurana (Applicant). 1.2 It is submitted that the impugned order dated 19.02.2024 has been passed without following the due process of law. It is a settled position of law that criminal proceedings under the provisions of IPC and PC Act and departmental proceedings under the Conduct Rules governing an employee can be conducted separately. However, in the present case, no departmental proceedings have been conducted under the relevant rules.

1.3 It is further submitted that the Applicant is governed by DDA Conduct, Disciplinary and Appeal 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

1.4 It is submitted that the Respondents, vide Show Cause Notice dated 15.09.2023, without following any provisions of the terms and conditions of employment i.e. the Conduct Rules governing the Applicant, proposed to impose the penalty of withholding of pension and gratuity in full permanently upon Shri H.L. Khurana, ASO (Retired). The Applicant duly replied to the said Show Cause Notice dated 15.09.2023, however, without properly considering the reply, the Respondents issued the impugned order dated 19.02.2024 imposing the penalty of withholding of 40% pension permanently with immediate effect upon the Applicant.

1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 4 1.5 It is further submitted that the impugned order is stated to have been passed relying upon Rule 8 of CCS (Pension) Rules, 2021. It is pertinent to mention that the Applicant retired on 30.11.2016 and therefore the CCS (Pension) Rules, 2021 cannot be applied retrospectively. Hence, the impugned order suffers from patent illegality and legal infirmity and is liable to be set aside on this ground alone. 1.6 It is further submitted that even otherwise Rule 8 of CCS (Pension) Rules, 2021 or alternatively Rule 9 of CCS (Pension) Rules, 1972 provides for initiation of departmental proceedings subject to prior approval of the President and further mandates that such proceedings shall not be in respect of any event which took place more than four years prior to such initiation. In the present case, the alleged misconduct pertains to 06.11.2008 and the Applicant retired on 30.11.2016, therefore, the Show Cause Notice dated 15.09.2023 and the impugned order dated 19.02.2024 are clearly beyond the prescribed limitation period under the aforesaid Rules.

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 5 1.7 It is also submitted that the Pension Rules mandate the release of provisional pension in cases where departmental or judicial proceedings are pending. The Rules further provide that recovery, if any, from pension should not ordinarily exceed one- third of the admissible pension. In the present case, there is no allegation of any pecuniary loss caused to the Government and therefore it is not even a case of recovery from pension.

1.8 It is further submitted that the Applicant has neither demanded nor accepted any bribe and no money trail has been found traceable to him. The Hon'ble High Court of Delhi, while suspending the sentence vide order dated 18.08.2023, has also taken note of the contention that no money trail has been traced to the Applicant.

1.9 It is submitted that suspension of sentence is granted where there exists a fair chance of acquittal. The Hon'ble Supreme Court in Omprakash Sahni vs Jai Shankar Chaudhary & Anr., reported in (2023) 6 SCC 123, has held that where there are apparent and palpable infirmities in the prosecution case indicating 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

1.10 It is submitted that the Applicant has a strong case and a fair chance of acquittal in the appeal pending before the Hon'ble High Court of Delhi against the order of conviction. It is further submitted that no incriminating material was recovered from the Applicant during the course of investigation. The Applicant has already preferred an appeal against the conviction as the learned Trial Court has erred in holding the Applicant guilty without any cogent evidence and the Applicant is hopeful of being acquitted.

1.11 It is submitted that the impugned orders have caused grave and irreparable loss to the Applicant and have adversely affected his livelihood. It is further submitted that although the impugned order provides for withholding of pension, the Respondents have also not released the gratuity of the Applicant till date even after more than eight years of his retirement, which is illegal, arbitrary and unjustified. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 7 1.12 In view of the aforesaid facts and circumstances, it is prayed that this Tribunal may kindly be pleased to direct the Respondents to release the gratuity of the Applicant and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case.

2. In MA No. 1278 of 2025, counsel for the respondents has filed the reply and submitted that the order impugned in the present OA has been passed after the CCS (Pension) Rules, 2021 became operative and accordingly reference has rightly been made to Rule 8 of the said Rules. Even otherwise, such power existed under the earlier CCS (Pension) Rules, 1972 and therefore the contention of the Applicant is devoid of merit. 2.1 It is further submitted that action has been taken against the Applicant on account of his conviction by the Court of learned Special Judge, New Delhi for offences under the Prevention of Corruption Act and the sentence awarded to him. In such circumstances, there was no requirement to hold a departmental enquiry. The Applicant was duly issued 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 8 a show cause notice and thereafter an appropriate order was passed in accordance with law. 2.2 It is further submitted that certain contents relate to the merits of the criminal appeal filed by the Applicant against his conviction and sentence before the Hon'ble High Court of Delhi. The said appeal is still pending adjudication. It is submitted that the prosecution was initiated by the CBI upon registration of an FIR and subsequent filing of the charge sheet. DDA was neither a party to the trial nor is it a party to the said appeal. It is further submitted that the conviction of the Applicant has not been stayed by the Hon'ble High Court and the Applicant continues to remain under the stigma of conviction. 2.3 It is submitted that the Hon'ble Lieutenant Governor, Delhi/Chairman, DDA vide order dated 01.01.2024 imposed the penalty of withholding of 40% pension permanently with immediate effect upon the Applicant, who retired from the post of Assistant Section Officer (ASO) from DDA. It is further submitted that Rule 8 of the CCS (Pension) Rules, 2021 clearly stipulates that no gratuity shall be paid 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 9 to a government servant until the conclusion of departmental or judicial proceedings and issuance of final orders thereon. A similar position also existed under the CCS (Pension) Rules, 1972. It is submitted that the Applicant stands convicted for offences under the Prevention of Corruption Act, 1988 and the said conviction has not been stayed by the Hon'ble High Court in the criminal appeal preferred by him. Although the substantive sentence has been suspended, the conviction continues to operate and the Applicant remains under the stigma of conviction. It is further submitted that as per the Vigilance Report of the Applicant as on 07.01.2026, the VCR/CNDC status of the Applicant is not clear and therefore he is not eligible for release of gratuity. 3. OA No. 1720/2024 3.1 Brief facts of the case are that the applicant initially joined the respondent organization prior to 1988 on muster roll, thereafter worked as a Mate, and was subsequently appointed against a regular vacancy to the post of LDC in the year 1998 after duly qualifying the selection process. From the date of his 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 10 initial engagement till his retirement in the year 2016, the applicant discharged his duties with utmost sincerity, devotion, and honesty, and maintained an unblemished service record without affording any occasion for complaint either to his superiors or to the general public.

3.2 It is further submitted that in the year 2013, while the applicant was working under Shri O.P. Gupta, the then Director (Housing), DDA, a case came to be registered by the CBI against the said officer, and the applicant, being a subordinate official, was also implicated in the said matter. Cognizance in the case was taken in the year 2016, and after completion of trial, the learned Trial Court passed its judgment and order on sentence dated 06.05.2023. By the said order, the applicant was sentenced to rigorous imprisonment of three years for offences under Sections 120B and 420 IPC read with Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, and four years for the offence under Section 13(2) read with Section 13(1)(d) of the 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 11 Prevention of Corruption Act, with both sentences directed to run concurrently. 3.3 It is submitted that the applicant preferred a criminal appeal before the Hon'ble High Court of Delhi, and vide order dated 18.08.2023 in Criminal Appeal No. 411/2023 titled H.L. Khurana versus CBI, the Hon'ble High Court was pleased to suspend the operation of the sentence imposed by the learned Trial Court during the pendency of the appeal. Despite the aforesaid judicial order, the respondent issued a show cause notice dated 15.09.2023, to which the applicant submitted a detailed reply dated 26.09.2023 along with a request for supply of relevant documents necessary for an effective response. 3.4 It is further submitted that, without duly considering the reply of the applicant and without supplying the requested documents or affording a meaningful opportunity of hearing, the respondent passed the impugned order dated 19.02.2024, whereby 40% of the applicant's pension has been permanently withheld. Thereafter, vide order dated 22.03.2024, the respondent also directed 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 12 implementation of the said impugned order and initiated recovery of pension already paid. 3.5 The counsel submits that the impugned order is wholly arbitrary, illegal, and liable to be set aside as it has been passed in contravention of the judicial order dated 18.08.2023 passed by the Hon'ble High Court of Delhi. The respondent, by way of an administrative action, has effectively overridden and nullified the effect of the judicial order suspending the sentence, which is impermissible in law. It is a settled principle that an administrative authority cannot sit in appeal over or act in derogation of a judicial order, and any such action is non est in the eyes of law. 3.6 It is further submitted that the impugned order is based on a complete misreading of facts, as it proceeds on the erroneous assumption that the applicant has been sentenced to seven years of imprisonment, whereas no such sentence has been awarded by the learned Trial Court. This demonstrates total non-application of mind and renders the impugned order unsustainable. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 13 3.7 The counsel further submits that the respondent has acted mechanically, without proper consideration of the material on record, and the decision is based on conjectures and surmises. The respondent has also failed to appreciate that the appeal preferred by the applicant is a continuation of the original proceedings, and until the same attains finality, no punitive action of the present nature ought to have been taken, especially when the sentence itself stands suspended. 3.8 It is also submitted that no departmental action of this nature was ever initiated during the applicant's service tenure or even at the time of his superannuation in 2016, and after a lapse of more than seven years from retirement, the respondent is estopped from withholding pensionary benefits. The belated action clearly indicates waiver on the part of the respondent and reflects mala fide intent, causing undue harassment, mental agony, and financial hardship to the applicant, particularly at a stage of life when he is dependent on his pension for sustenance.

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 14 3.9 The counsel further submits that the respondent has ignored the observations made by the Hon'ble High Court of Delhi while suspending the sentence, wherein it was noted that the applicant was merely a junior official and no money trail had been traced to him. Despite being aware of these findings, the respondent has proceeded to pass the impugned order in complete disregard of the same. 3.10 It is further submitted that the show cause notice itself was issued in contravention of the judicial order, and the subsequent impugned order, having been passed pursuant thereto, is equally vitiated. The respondent has also violated the principles of natural justice by failing to provide relevant documents sought by the applicant and by not granting an effective opportunity of personal hearing before passing the impugned order.

3.11 The counsel submits that the entire action of the respondent is pre-determined and the procedural steps undertaken are merely an eye wash to justify an otherwise illegal decision. It is a settled position of law that if the initial action is void, all consequential 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

3.13 In view of the aforesaid submissions, it is most respectfully prayed that the impugned order dated 19.02.2024 and the consequential order dated 22.03.2024 be set aside, and appropriate relief be granted in favour of the applicant. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

4. Opposing the submissions of the learned counsel for the applicant, the learned counsel for the respondents has filed the counter affidavit in OA and submitted that the present Original Application is devoid of merit and is liable to be dismissed. It is stated that the CBI registered FIR No. RC4(A)/2013/AC-III/CBI/New Delhi dated 01.05.2013 under Sections 120B read with 420, 467, 468 and 471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, wherein the applicant was named as an accused along with other persons. The allegations pertained to misuse of official position in the fraudulent allotment and revival of cancelled flats in conspiracy with property dealers during his tenure as Dealing Assistant (MIG Housing) in DDA. 4.1 It is further submitted that the DCP, CBI sought sanction for prosecution of the applicant vide letter dated 21.04.2015, and the competent authority i.e. the Vice Chairman, DDA, after due consideration, accorded sanction under Section 19 of the Prevention of Corruption Act, which was duly communicated to 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 17 the CBI on 19.08.2015. During the pendency of trial, the applicant attained the age of superannuation and retired on 30.11.2016. Upon conclusion of trial, the learned Special Judge (PC Act), CBI-12, Rouse Avenue Courts, New Delhi, vide judgment dated 03.05.2023, convicted the applicant along with a co-accused for offences under Section 120B read with Section 420 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. Vide order on sentence dated 06.05.2023, the applicant was sentenced to rigorous imprisonment of three years with fine of Rs.5,00,000/- and four years with fine of Rs.1,00,000/- under the respective provisions, with sentences directed to run concurrently. 4.2 It is submitted that upon consideration of the conviction, the competent authority, namely the Hon'ble Lieutenant Governor, Delhi/Chairman, DDA, being empowered under Rule 8 of the CCS (Pension) Rules, 2021 read with the relevant notifications, tentatively proposed the penalty of withholding pension and gratuity in full and issued a show cause notice dated 15.09.2023 in compliance with the 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 18 principles of natural justice. The applicant submitted his reply dated 26.09.2023, which was duly considered. Thereafter, upon careful evaluation of the facts, circumstances and record, the competent authority imposed the penalty of withholding 40% pension permanently with immediate effect vide order dated 01.01.2024, which was duly communicated to the applicant.

4.3 The respondents submit that the action taken is lawful, justified and in accordance with the applicable rules. The conviction of the applicant remains in force and has not been stayed by the appellate court. Mere suspension of sentence by the appellate court does not obliterate the conviction, and the applicant continues to bear the stigma of conviction. In this regard, reliance is placed on the judgment of the Hon'ble Supreme Court in Union of India vs. Ramesh Kumar, wherein it has been held that suspension of sentence does not wipe out the conviction and disciplinary action can be taken on the basis of the conduct leading to such conviction. It is further submitted that as per settled principles and 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 19 Government instructions, action against a convicted government servant need not await the outcome of appeal, and can be taken even when the sentence is suspended, unless the conviction itself is stayed. 4.4 It is also submitted that the Delhi Development Authority, being a statutory body constituted under the Delhi Development Act, 1957, is governed by the applicable pension rules, and the powers to withhold or withdraw pension have been validly exercised by the competent authority in accordance with Rule 8 of the CCS (Pension) Rules, 2021 read with the relevant notifications. The procedure prescribed, including issuance of show cause notice and consideration of representation, has been duly followed, and there is no violation of principles of natural justice. The applicant was neither entitled to nor did he seek a personal hearing.

4.5 Counsel for the respondents further submit that the penalty imposed is proportionate and has been arrived at after due application of mind. In fact, though a more stringent penalty was initially proposed, a lesser penalty of withholding 40% pension 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 20 has ultimately been imposed. The contention of the applicant regarding the effect of suspension of sentence, quantum of sentence, or alleged procedural infirmities is misconceived and legally untenable. It is reiterated that the impugned order has been passed on the basis of the misconduct which led to conviction and not merely on the sentence. The applicant has failed to make out any prima facie case, and no ground exists for grant of any relief, including interim relief. Pension is not an absolute right and is subject to the provisions of the applicable rules.

5. Counsel for the applicant has filed the rejoinder affidavit in the OA and submitted that the Respondent has admitted that the Applicant was initially appointed as a UDC and was subsequently promoted to the post of Assistant Section Officer in March 2014. It is further submitted that the Applicant worked as a UDC from January 2007 to March 2010 in the Housing Department of DDA and functioned at the lowest level in the administrative hierarchy, reporting to the Assistant Director, Deputy Director, and Director (Housing).

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 21 5.1 It is further submitted that the reply filed by the Respondent is contrary to the factual position. The then Director (Housing), Shri O.P. Gupta, had submitted a proposal dated 26.08.2008 to the Commissioner (Housing) for allotment of a flat to Shri Ishwar Chand Gupta; however, the said proposal was not approved. The file was thereafter marked down through the Deputy Director and Assistant Director to the Applicant. The relevant noting pages evidencing this movement are already placed on record. Subsequently, the Applicant prepared a draft regret letter dated 23.10.2008 and submitted the same for signatures of the Deputy Director, and the said draft remains available on the official file. However, the issuance of the regret letter was again blocked by the then Director (Housing), who directed that the matter be reconsidered in light of subsequent orders of the Apex Court.

5.2 It is submitted that the then Director exercised his authority with mala fide intent, although such intent was not known to the Applicant at the relevant time. The noting sheets clearly demonstrate that the 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 22 file moved across various officials on a single day, i.e., 06.11.2008. Importantly, there is no allegation or evidence of any demand or acceptance of illegal gratification by the Applicant, nor was any incriminating material recovered during searches conducted at his residence.

5.3 It is submitted that the Applicant acted strictly in accordance with directions issued by superior authorities. Under Rule 3 of the CCS Conduct Rules, 1964, a government servant is required to exercise his best judgment except where he is acting under the directions of a superior officer. In the present case, the Applicant merely submitted notes in compliance with written directions of the then Director (Housing). These notes were duly endorsed by the Assistant Director and Deputy Director and were ultimately approved by the Commissioner (Housing). Notably, the investigating agency did not find any irregularity on the part of the Assistant Director or Deputy Director, who were also part of the decision-making chain. The applicable circular dated 18.05.2005 clearly casts responsibility upon the Deputy Director and Assistant 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 23 Director for verification of facts placed by the dealing assistant, yet no culpability has been attributed to them. This, in itself, establishes that no irregularity can be attributed to the Applicant. 5.4 The Hon'ble High Court of Delhi has already taken note of these facts and suspended the sentence, observing that there exists a fair chance of acquittal in appeal. It has also been observed that the Trial Court erred in placing the Applicant on the same footing as Shri O.P. Gupta, the then Director (Housing), particularly when the prosecution has failed to establish any offence under the Prevention of Corruption Act against the Applicant. There is no evidence of bribery, disproportionate assets, or any incriminating recovery in his case, whereas a money trail was allegedly established against the said Director.

5.5 It is further submitted that the sentences imposed under Section 120B IPC and Section 13(1) of the PC Act are to run concurrently, and therefore, the Respondent's attempt to portray the sentence as 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

5.7 Counsel for the applicant submitted that the law is well settled that suspension of sentence is granted where there is a fair likelihood of acquittal in appeal. Judicial pronouncements have consistently held that if the conviction appears prima facie unsustainable, the appellant should not be subjected to prolonged incarceration pending disposal of appeal. In the present case, the factual matrix clearly indicates that the Applicant acted under directions of superior officers and had even proposed rejection of the allotment request, which was subsequently overruled at higher levels.

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 25 5.8 Reliance is also placed on administrative precedents where similarly placed officers were exonerated on the ground that decisions were taken at higher levels. The principle that a subordinate officer cannot be held liable for actions taken pursuant to written directions of superiors squarely applies in the present case.

5.9 It is further submitted that the Respondent has acted in a prejudicial and biased manner by withholding gratuity despite admitting that no specific order to that effect exists. This action is arbitrary and contrary to their own stand in the counter affidavit. 5.10 The Applicant was also denied a mandatory opportunity of personal hearing as required under Regulation 25(4) of the DDA Conduct, Disciplinary and Appeal Regulations, 1999. The show cause notice dated 15.09.2023 did not provide for such an opportunity, thereby vitiating the impugned order on this ground alone. Moreover, despite specific requests, relevant documents, including the order dated 27.07.2023, were not supplied to the Applicant, and the impugned order was passed in undue haste. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 26 5.11 It is submitted that the Respondent's contentions fail to address the substantive issues raised by the Applicant. The material on record clearly demonstrates that the Applicant has a strong case on merits and a fair chance of acquittal in appeal. The impugned order, if allowed to stand, would cause irreparable harm and prejudice to the Applicant. 5.12 Lastly, it is submitted that the reduction of pension imposed is contrary to the applicable rules, which restrict such reduction to one-third. The reduction of 40% of pension is excessive, arbitrary, and violative of the Applicant's right to livelihood, thereby rendering the impugned action unsustainable in law.

6. We have heard the learned counsel for the parties and persued the pleadings available on record.

7. The present matter raises two principal issues:

(i) the legality of the order dated 19.02.2024 withholding 40% of pension, and (ii) the non-release of gratuity despite the pendency of the criminal appeal.

LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

8. On the first issue, it is evident that the applicant stands convicted by the competent criminal court for offences under the IPC and the Prevention of Corruption Act. Although the sentence has been suspended by the Hon'ble High Court, the conviction itself has not been stayed. The settled position of law, as laid down by the Supreme Court of India in K.C. Sareen v. CBI, (2001) 6 SCC 584, is that suspension of sentence does not wipe out the conviction. Therefore, the employer is entitled to take action on the basis of such conviction. Accordingly, the respondents were within their jurisdiction to invoke the relevant pension rules and pass an order affecting pensionary benefits.

9. However, the manner in which such power has been exercised must strictly conform to the governing statutory framework. The applicant retired on 30.11.2016, and therefore, the applicability of CCS (Pension) Rules, 2021, particularly with retrospective effect, raises a valid legal concern. Even if it is accepted that similar powers existed under the CCS (Pension) Rules, 1972, the exercise of such power 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 28 must satisfy the conditions prescribed therein, including procedural safeguards and limitations. It is also settled, as held in Union of India v. Ramesh Kumar, (2015) 3 SCC 696, that in a case of conviction, action can be taken without a separate departmental inquiry, as the conduct leading to conviction itself forms the basis. Nonetheless, the authority is still required to apply its mind independently and pass a reasoned order after due consideration of the reply and relevant factors.

10. In the present case, there appears to be substance in the contention of the applicant that the impugned order suffers from non-application of mind, particularly in view of the incorrect reference to the quantum of sentence and the failure to adequately deal with the specific defence raised, including the role attributed to the applicant and the observations made by the Hon'ble High Court while suspending the sentence. The requirement of recording reasons has been emphasized by the Supreme Court of India in Kranti Associates Pvt. Ltd. v. Masood Ahmed Khan, (2010) 9 SCC 496, wherein it was held that 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 29 absence of reasons indicates non-application of mind and vitiates the decision-making process. This vitiates the impugned order to that extent and warrants reconsideration.

11. In the present case, the action of the respondents is further vitiated in light of Rule 17 of the CCS (CCA) Rules and the Government of India's decision thereunder, which clearly mandates that once a decision is recorded by the disciplinary authority at the conclusion of the proceedings, the same attains finality and cannot be varied by the authority itself or by its successor prior to its formal communication to the government servant. The said position has been consistently recognized as embodying a principle that such a decision is in the nature of a judicial determination, and therefore, any subsequent alteration, modification, or reconsideration without following due process is legally impermissible.

12. In the facts of the present case, the impugned action of the respondents, including the manner in which the penalty has been processed and imposed, 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 30 reflects a clear departure from this settled principle. The record does not indicate that the decision-making process was concluded in a manner consistent with the finality contemplated under Rule 17. Rather, the sequence of events suggests a mechanical and pre- determined approach, wherein the decision appears to have been subjected to variation and reconsideration without adherence to the mandated procedural safeguards.

13. The Tribunal's finding that the impugned order suffers from non-application of mind, incorrect appreciation of facts (including erroneous reference to the quantum of sentence), and failure to consider the defence of the applicant, further reinforces the applicability of the aforesaid rule. Once a decision is required to be arrived at through a quasi-judicial process, it must satisfy the tests of finality, reasoned application of mind, and procedural fairness. Any deviation therefrom, including post-decision alterations or non-reasoned determinations, renders the action unsustainable in law. Therefore, the impugned orders, having been passed in 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 31 contravention of the principles underlying Rule 17 of the CCS (CCA) Rules and the Government of India's decision, stand vitiated on this ground as well, lending further support to the contention of the applicant that the entire exercise undertaken by the respondents is legally untenable and liable to be set aside.

14. On the question of limitation, the argument of the applicant that the action is barred due to lapse of more than four years from the date of alleged misconduct requires examination by the competent authority in light of the applicable rule position, especially distinguishing between cases based on misconduct simpliciter and those arising out of conviction.

15. Coming to the issue of gratuity, the position stands on a different footing. The rules governing pension clearly provide that gratuity may be withheld during the pendency of judicial proceedings. In this context, it is relevant to note that while pension and gratuity are valuable rights, as recognized in State of Jharkhand v. Jitendra Kumar Srivastava, (2013) 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

16. In view of the above, the impugned order dated 19.02.2024, as well as the consequential order dated 22.03.2024, cannot be sustained in their present form due to lack of proper application of mind and inadequate consideration of relevant factors. The same are accordingly set aside to the limited extent indicated.

17. The matter is remitted to the competent authority to pass a fresh, reasoned order with regard to the withholding of pension and the issue of gratuity. While doing so, the authority shall consider the effect of the pending criminal appeal, the fact that the sentence has been suspended, the applicable 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

18. Insofar as gratuity is concerned, the competent authority shall specifically examine whether its continued withholding is justified solely on account of pendency of appeal and pass a speaking order in accordance with the applicable rules.

19. The aforesaid exercise shall be completed within a period of three months from the date of receipt of this order.

20. Accordingly, both the OA as well as MA stand disposed of. There shall be no order as to cost.




          (Dr. Anand S. Khati)                                                                          (Harvinder Kaur Oberoi)
           Member (A)                                                                                          Member (J)

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 LALIT

CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS

1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi

2. General Manager (P), Northern Railway, Baroda House, New Delhi

3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad

4. DRM (P) Northern Railway, Lucknow, UP

5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.

Sub Divisional Railway Hospital, Itarasi, MP GOSAIN

6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP

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