Court Directs Release of Withheld Pension and Gratuity, Recognizes Inclusion of Live-In Partner for Family Benefits
In a landmark judgment, the Delhi High Court has directed the Union of India to release the withheld pension and gratuity of Mr. Birendra Singh Kunwar, a retired Deputy Field Officer, who was penalized due to his live-in relationship with Ms. Manihal Devi. The Court, comprising Justices Navin Chawla and Madhu Jain, found that withholding 50% of the petitioner's pension and gratuity was unjustified, as no concealment or grave misconduct was established.
The petitioner, Mr. Kunwar, had an estranged marriage with Ms. Suman Kunwar, with whom he had no contact since 1983. He entered into a live-in relationship with Ms. Manihal Devi, with whom he has two children. Throughout his service, Mr. Kunwar disclosed his relationship with Ms. Devi, maintaining transparency with his department.
Despite these disclosures, disciplinary proceedings were initiated against Mr. Kunwar, leading to the withholding of his pension under Rule 9 of the Central Civil Services (Pension) Rules, 1972. The Disciplinary Authority alleged that he misrepresented facts to obtain diplomatic passports for his live-in partner and children. However, the Court found that the petitioner's actions did not amount to grave misconduct or negligence.
The Court further noted that the charges stemmed from the same family issue for which Mr. Kunwar had been penalized in 1994, making the subsequent penalty unjustified and tantamount to double jeopardy. It also directed the inclusion of Ms. Devi and her children for family pension benefits and CGHS facilities, acknowledging the long-standing cohabitation as a legitimate relationship.
The judgment reaffirms the rights of government servants in maintaining personal relationships outside traditional marital norms, provided transparency is maintained with their respective departments.
Bottom Line:
Service Law - Withholding of pension and gratuity on the grounds of alleged grave misconduct - Petitioner disclosed his relationship with live-in partner and wife's estrangement throughout service - No concealment or grave misconduct proved - Directions to release pension and gratuity with interest and consider inclusion of live-in partner and her children for family pension and CGHS facilities.
Statutory provision(s): Central Civil Services (Pension) Rules, 1972 Rule 9, Rule 21(2) of CCS (Conduct) Rules, 1964, Section 494 of the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023
Birendra Singh Kunwar v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2833936
