Obtaining Diplomatic Passport For Live-In Partner, Children Not 'Grave Misconduct' If Facts Known To Department: Delhi High Court

The Delhi High Court has held that obtaining diplomatic passports for a live-in partner and children born from such a relationship does not amount to “grave misconduct” warranting withholding of employee's pensionary benefits, where the relationship and family circumstances were consistently disclosed to the department.A Division Bench of Justices Navin Chawla and Madhu Jain thus granted relief to a former Research and Analysis Wing officer, whose 50% monthly pension and gratuity were withheld.It observed, “In the instant case, we find that the petitioner disclosed throughout his service, his relationship with Ms. Manihal and his wife, Ms. Suman's continuous absence…He has therefore not committed any 'grave misconduct or negligence' as contemplated under Rule 9…”The case arose from disciplinary proceedings initiated against the Petitioner after he obtained diplomatic passports for his live-in partner and their children, while his marriage with his legally wedded wife subsisted.The Department treated the act as grave misconduct, alleging misrepresentation and lack of integrity, and imposed punishment under Rule 9 of the Central Civil Services (Pension) Rules, 1972.The High Court, however, noted that the Petitioner had never concealed his long-standing live-in relationship. The relationship had been disclosed throughout his service career and had earlier been the subject of departmental proceedings, culminating in a major penalty in 1994.“Therefore, we are of the opinion that the petitioner maintained transparency, at all times, with the respondents, regarding his relationship with Ms. Manihal Devi, and had no mala fide intention to obtain diplomatic passports through misrepresentation or by defrauding the Department,” the Court held. It further emphasised that absence of concealment or pecuniary loss to the Government was fatal to the charge of grave misconduct under Rule 9— which pertains to the President's right to withhold or withdraw pension in certain cases and recover the pecuniary loss caused to the Government.Accordingly, the Court directed the respondents to release the petitioner's withheld pension and gratuity with 6% interest, and to consider inclusion of the live-in partner and children for purposes of family pension and CGHS facilities, within eight weeks.Appearance: petitioner in person; Ms. Arti Bansal, CGSC for UOICase title: Birendra Singh Kunwar v. Union Of India Through Secretary (R) And AnrCitation: 2026 LiveLaw (Del) 49Case no.: W.P.(C) 1414/2019Click here to read order

Obtaining Diplomatic Passport For Live-In Partner, Children Not 'Grave Misconduct' If Facts Known To Department: Delhi High Court

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