2026 Supreme(Online)(Del) 1236
IN THE HIGH COURT OF DELHI AT NEW DELHI
THE CHIEF SECRETARY GOVT. OF NCT OF DELHI AND ORS. – Appellant
Versus
B.P. MAHAUR – Respondent
CW - 12801/2019
$~65 to 70 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 20.01.2026 + W.P.(C) 12775/2019 THE CHIEF SECRETARY, GOVT. OF NCT OF DELHI AND ORS. .....Petitioners Through: Mrs. Avnish Ahlawat, SC GNCTD Services with Mr. Uday Singh Ahlawat, Mrs. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Mr Mohnish Sehrawat, Advs. versus B.P. MAHAUR .....Respondent Through: Mr. A K Trivedi, Adv.
+ W.P.(C) 12781/2019 THE CHIEF SECRETARY, GOVT. OF NCT OF DELHI AND ORS. .....Petitioners Through: Mrs. Avnish Ahlawat, SC GNCTD Services with Mr. Uday Singh Ahlawat, Mrs. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Mr Mohnish Sehrawat, Advs. versus B.P. MAHAUR .....Respondent Through: Mr. A K Trivedi, Adv.
+ W.P.(C) 12796/2019 THE CHIEF SECRETARY, GOVT. OF NCT OF DELHI AND ORS. .....Petitioners Through: Mrs. Avnish Ahlawat, SC GNCTD Services with Mr. Uday Singh Ahlawat, Mrs.
Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Mr Mohnish Sehrawat, Advs. versus B.P. MAHAUR .....Respondent Through: Mr. A K Trivedi, Adv.
+ W.P.(C) 12800/2019 THE CHIEF SECRETARY, GOVT. OF NCT OF DELHI AND ORS. .....Petitioners Through: Mrs. Avnish Ahlawat, SC GNCTD Services with Mr. Uday Singh Ahlawat, Mrs. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Mr Mohnish Sehrawat, Advs. versus B.P. MAHAUR .....Respondent Through: Mr. A K Trivedi, Adv.
+ W.P.(C) 12801/2019 THE CHIEF SECRETARY, GOVT. OF NCT OF DELHI AND ORS. .....Petitioners Through: Mrs. Avnish Ahlawat, SC GNCTD Services with Mr. Uday Singh Ahlawat, Mrs. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Mr Mohnish Sehrawat, Advs. versus B.P. MAHAUR .....Respondent Through: Mr. A K Trivedi, Adv.
+ W.P.(C) 12802/2019 THE CHIEF SECRETARY, GOVT. OF NCT OF DELHI AND ORS. .....Petitioners Through: Mrs. Avnish Ahlawat, SC GNCTD Services with Mr. Uday Singh Ahlawat, Mrs. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Mr Mohnish Sehrawat, Advs. versus B.P. MAHAUR .....Respondent Through: Mr. A K Trivedi, Adv.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL) ANIL KSHETARPAL, J.
1. The present Petition has been filed assailing the common order dated 08.05.2019, passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (‘CAT’) in six O.A.s filed by the Respondent/Sh. B.P. Mahuar, vide which the six orders of punishment awarded against the Respondent have been modified and a consolidated/amalgamated order of punishment has been passed.
2. Succinctly stated, the Respondent, while in service, was served as many as six charge memos dated 22.06.2001, 27.06.2001, 12.07.2001, 19.07.2001, 20.08.2001 and 12.11.2001, which are summarized as under: -
summarized as under: -
summarized as under: -
summarized as under: -
summarized as under: -
summarized as under: -
summarized as under: -
summarized as under: -
3. Before the disciplinary proceedings could be concluded, the Respondent, on attaining the age of superannuation, retired on
30.11.2001.
4. After the Reply/Defence brief was submitted by the Respondent denying the charges proposed against him, the Inquiry Officer was appointed and the inquiry reports were submitted before the Disciplinary Authority holding that the allegations as to the negligence in discharge of the duties are proved but not of “connivance”.
5. In respect of four charge memos, the Disciplinary Authority issued disagreement notes, taking the view that the allegation as to connivance between the Respondent and the dealers can also be taken as proved. In the remaining two, no disagreement note was issued, and imputation of misconduct levelled against the Respondent was proved and punishment was imposed in the form of withholding of 30% and 20% of the pension respectively, for a period of five years and both punishments were directed to run concurrently.
6. The remark to disagreement notes, were filed by the Respondent before the Disciplinary Authority and not satisfied with the same, it was co