Comptroller And Auditor General Of India vs Manoj Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Del) 299

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Comptroller And Auditor General Of India – Appellant
Versus
Manoj Kumar – Respondent

Advocates Appeared:
For the Petitioners: Dr. S. S. Hooda, Mr. Shaurya Banshtu and Mr. Manpreet Singh, Advs.
For the Respondent: Mr. Anil Nauriya, Mr. Prakhar Gupta and Ms. Sumita Hazarika, Advs.

Table of Content
1. background of the writ petition and employment history. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. details of misconduct and resultant disciplinary actions. (Para 7 , 8 , 11 , 12)
3. judicial review limited to procedural fairness. (Para 10 , 30 , 41)
4. standard of proof in disciplinary proceedings. (Para 29 , 34 , 36)
5. restoration of disciplinary penalty upheld. (Para 48 , 49 , 50)

JUDGMENT :

1. The present writ petition has been field under Article 226 /227 of the Constitution of India, 1950, assailing the Order dated 29.05.2023, passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter ‘CAT’) in O.A. No. 1489 of 2015, vide which the orders/charge-memos dated 11.05.2006 and 05.03.2007 were quashed with directions to the Petitioners to reconsider the matter and impose a lesser penalty than “dismissal from service” against the Respondent/ Charged Official - Sh. Manoj Kumar.

3. Succinctly stated, the quintessential facets governing the present dispute are that the Respondent had joined service as a Peon on 27.11.1991 and was promoted to the post of Daftry on 01.01.1998 and to the post of Clerk on 03.01.2000.

5. Upon joining back service on 30.0