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Delhi High Court Remands Disciplinary Proceedings Against Intelligence Officer

February 28, 2025 - The Delhi High Court today delivered a significant judgment in the case of Lalit Kumar v. Union of India , WP(C) 1546/2020, impacting disciplinary proceedings against a former Assistant Central Intelligence Officer (ACIO) in the Intelligence Bureau (IB). The court, comprising Justices C. Hari Shankar and Anoop Kumar Mendiratta, effectively quashed the Tribunal's decision dismissing the officer's appeal and remanded the case back to the Disciplinary Authority (DA) for reconsideration.

Case Background

Lalit Kumar , an ACIO-II/Exe in the IB, faced disciplinary charges stemming from a chargesheet dated June 10, 2011, alleging unauthorized absences from duty on multiple occasions between 2010 and 2011. The charges, encompassing five separate articles, detailed instances of extended leave without proper authorization and insubordination. Following a departmental inquiry, the DA removed Kumar from service. His appeals to higher authorities and the Central Administrative Tribunal (CAT) were unsuccessful, prompting him to approach the Delhi High Court.

Arguments Presented

The petitioner's counsel, Ms. Anu Bagai , argued that leave for the periods of alleged unauthorized absence had been subsequently granted and regularized by Office Order No. 514/2010 dated December 29, 2010. She further contended that the Tribunal had overlooked crucial communication from Kumar to his superiors regarding his absences due to ill health and unavoidable personal reasons.

The respondent, represented by Mr. Sushil Kumar Pandey, Senior Panel Counsel for the Union of India, highlighted a field inquiry report suggesting that Kumar was healthy during periods of alleged absence and focused on the gravity of his unauthorized absences from a sensitive position.

Court's Analysis and Application of Precedent

The High Court critically examined the Tribunal's judgment, finding several errors. The court noted the Tribunal’s failure to consider Kumar 's communication and the Office Order regularizing his leave. Crucially, the court relied on the Supreme Court's decision in State of Punjab v. Bakshish Singh [(1998) 8 SCC 222], which held that once leave is granted for a period of absence, the absence cannot be considered unauthorized. Applying this precedent, the High Court found that most of the charges against Kumar became unsustainable due to the subsequent regularization of his leave.

The court acknowledged a remaining allegation of unauthorized absence between August 16, 2010, and October 26, 2010, but emphasized that unauthorized absence does not automatically justify removal from service. The severity of the punishment must be proportionate to the offense.

Final Decision and Implications

The Delhi High Court quashed the Tribunal's judgment and remanded the matter to the DA for a fresh consideration of the punishment. The DA is instructed to focus solely on the remaining allegation of unauthorized absence (August 16, 2010 - October 26, 2010), considering any medical evidence presented by the petitioner. The Court clarified that it is not pre-judging the DA's decision but highlighting the need for a fair and proportionate penalty. If the DA decides to reduce the punishment, Kumar 's reinstatement with consequential benefits (excluding back wages) will follow. The DA is directed to conclude this process within two weeks, ensuring the petitioner is informed of their final decision. The rights of the petitioner to further appeal remain reserved.