Prakash Krishna Shambharkar vs Airports Authority Of India on 3 July, 2026

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    Delhi High Court – Orders

    Prakash Krishna Shambharkar vs Airports Authority Of India on 3 July, 2026

    Author: Sanjeev Narula

    Bench: Sanjeev Narula

                              $~33
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
    
                              +         W.P.(C) 11490/2021
    
                                        PRAKASH KRISHNA SHAMBHARKAR                                                            .....Petitioner
    
                                                                      Through:            Mr. V. Shashank Kumar, Advocate.
    
                                                                      versus
    
                                        AIRPORTS AUTHORITY OF INDIA                                                        .....Respondent
    
                                                                      Through:            Mr. Digvijay Rai, Standing Counsel
                                                                                          for AAI with Mr. Archit Mishra,
                                                                                          Advocate along with Ms. Tanya
                                                                                          Rohilla, Manager (Law), Mr. Jayesh
                                                                                          Bhargava JE (Law).
                                        CORAM:
                                        HON'BLE MR. JUSTICE SANJEEV NARULA
                                                                      ORDER
    

    % 03.07.2026
    CM APPL. 40293/2026 (condonation of delay of 84 days in filing review
    petition)

    1. For the grounds and reasons stated in the application, the delay of 84
    days in filing the review petition is condoned.

    SPONSORED

    2. Accordingly, the application stands disposed of.

    REVIEW PET. 280/2026

    3. The Petitioner seeks review of the order dated 23rd January, 2026, by
    which the writ petition was dismissed. By the said order, this Court declined
    to interfere with the disciplinary proceedings and the penalty of compulsory
    retirement with retiral benefits imposed upon the Petitioner by the Airports

    W.P.(C) 11490/2021 Page 1 of 12
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    Authority of India [“AAI”].

    4. The review petition is principally founded on the subsequent
    judgment dated 25th March, 2026 passed by the Special Judge (PC Act),
    CBI-02, Rouse Avenue Court Complex, New Delhi, in CBI/378/2019, titled
    Central Bureau of Investigation v. Alok Kumar Sharan & Ors. The
    Petitioner was arrayed as Accused No. 3 in the said criminal case. The
    criminal prosecution, as also the departmental proceedings, arose from the
    same two communications dated 6th January, 2007 and 25th June, 2007
    issued by the Petitioner while he was posted as Airport Controller at Raipur
    Airport.

    5. Mr. V. Shashank Kumar, counsel for the Petitioner, submits that the
    findings recorded in the order under review require reconsideration
    considering the subsequent judgment of the Special Court. Reliance is
    placed upon the discussion in the Special Court’s judgment concerning the
    nature and effect of the two communications. It is submitted that the
    criminal court has, inter alia, held that the communication dated 6th January,
    2007 did not purport to be a No Objection Certificate [“NOC”] issued by the
    AAI Headquarters; the communication dated 25th June, 2007, having regard
    to its language, likewise did not purport to be such an NOC; the applicable
    Civil Aviation Requirements [“CAR”] did not unambiguously establish that
    such communications could only emanate from the Headquarters of AAI;
    and the Petitioner, in his capacity as Airport Controller, was competent to
    issue communications concerning local operational and flying coordination
    at the airport.

    6. On the aforesaid basis, it is contended that the findings recorded by
    this Court in the order under review, particularly that the impugned

    W.P.(C) 11490/2021 Page 2 of 12
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    communications carried institutional weight and were capable of being
    utilised as operational comfort letters, stand undermined by the subsequent
    criminal court judgment and therefore warrant reconsideration. The
    Petitioner has also sought to re-agitate the grounds relating to absence of
    mala fides, non-examination of witnesses during the departmental inquiry,
    denial of cross-examination, delay in initiation of the disciplinary
    proceedings, disproportionality of the punishment, selective action, and
    defects in the constitution of the Appellate Authority as well as in the
    communication of the appellate order.

    7. The Court has considered the grounds urged for seeking review. The
    issue is not whether the material on record is capable of sustaining another
    view. Nor does the present proceeding confer a right to re-argue the
    correctness of the order dated 23rd January, 2026 as if in appeal. The review
    jurisdiction is limited. It is attracted only where there is discovery of “new
    and important matter or evidence” which, despite the exercise of due
    diligence, could not be produced earlier; where there exists an “error
    apparent on the face of the record”; or where any other sufficient reason,
    analogous to the recognised grounds of review, is demonstrated. A review
    proceeding is not an avenue for rehearing the lis on merits. It is intended to
    correct manifest errors, not to revisit concluded findings. Consequently, a
    party cannot invoke the review jurisdiction merely because it perceives the
    earlier reasoning to be erroneous or because another forum, acting in a
    distinct proceeding and applying a different standard of proof, has arrived at
    a contrary conclusion. Such circumstances may furnish a ground of
    challenge in appeal, but they do not constitute a ground for review.

    W.P.(C) 11490/2021 Page 3 of 12

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 06/07/2026 at 21:00:52

    8. In State of West Bengal & Ors. v. Kamal Sengupta & Anr.1, the
    Supreme Court explained that an error apparent on the face of the record
    must be one which is evident per se and does not require a long-drawn
    process of reasoning to establish. It further held that a subsequent decision
    or subsequent development cannot ordinarily furnish a ground for review.

    Similarly, in Lily Thomas & Ors. v. Union of India & Ors.2, the Supreme
    Court reiterated that review jurisdiction is intended to correct a patent error
    and not to substitute one view for another, and that a review petition cannot
    be treated as an appeal in disguise.

    9. Applying the aforesaid principles, the judgment of the Special Court
    dated 25th March, 2026 cannot be relied upon to establish an “error apparent
    on the face of the record” in the order under review. The order sought to be
    reviewed was rendered on 23rd January, 2026 and must be examined with
    reference to the material available at that stage. The judgment of the Special
    Court was rendered subsequently and, therefore, did not form part of the
    record before this Court when the order under review was passed. Review
    jurisdiction is not a vehicle for reopening a concluded adjudication on the
    basis of subsequent events or later pronouncements. An order that was
    correct when rendered does not become erroneous merely because, at a later
    stage, another forum arrives at a different conclusion on the same or related
    facts. The subsequent judgment of the Special Court, therefore, furnishes no
    ground for review.

    10. The Petitioner seeks to bring the judgment of the Special Court within
    the expression “new and important matter or evidence”. This submission

    1
    (2008) 8 SCC 612.

    2

    (2000) 6 SCC 224.

    W.P.(C) 11490/2021 Page 4 of 12

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 06/07/2026 at 21:00:52
    also cannot be accepted in the manner urged. What is relied upon is not
    evidence or material which existed but could not, despite the exercise of due
    diligence, be produced earlier; rather, it is a subsequent judicial appreciation
    of the evidence led before the Special Court. Such appreciation may furnish
    a circumstance in an appropriate substantive proceeding, subject to law; but
    it cannot, by itself, be treated as newly discovered evidence so as to reopen a
    concluded judgment in review.

    11. There is yet another, and more fundamental, reason why the judgment
    of the Special Court cannot furnish a ground for review. Criminal
    proceedings and departmental proceedings are conceptually distinct and
    serve different juridical purposes. A criminal Court is concerned with the
    question whether an offence has been proved beyond reasonable doubt so as
    to attract penal consequences. A disciplinary authority, on the other hand,
    examines whether the conduct of the employee conforms to the standards of
    discipline, integrity and responsibility expected of a member of the service.
    The standard of proof in the two proceedings is correspondingly different.
    While guilt in a criminal trial must be established beyond reasonable doubt,
    a finding in a disciplinary proceeding may legitimately rest on a
    preponderance of probabilities. It follows that the result of a criminal trial
    does not automatically determine the validity of disciplinary action. A
    criminal acquittal may signify no more than the prosecution’s inability to
    establish guilt to the exacting standard demanded by criminal law; it does
    not necessarily negate the existence of material sufficient to sustain
    disciplinary findings.

    12. The Supreme Court has consistently held that acquittal in a criminal
    case does not, by itself, debar an employer from proceeding departmentally

    W.P.(C) 11490/2021 Page 5 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 06/07/2026 at 21:00:52
    or automatically result in exoneration in disciplinary proceedings, since
    criminal and departmental proceedings operate in different fields and are
    governed by different standards of proof.3 The exception recognised in
    decisions such as M. Paul Anthony v. Bharat Gold Mines Ltd. & Anr.4 and
    G.M. Tank v. State of Gujarat & Ors.5 applies where the criminal and
    departmental proceedings arise out of the same set of facts, involve identical
    charges and are founded on the same evidence and witnesses, and the
    employee is acquitted by the criminal Court upon a finding that the charges
    have not been proved. In such exceptional and peculiar circumstances, the
    Supreme Court held that permitting the departmental findings to stand
    would be “unjust, unfair and rather oppressive”.

    13. In the departmental proceedings, the central issue was not whether a
    criminal offence stood established, but whether the Petitioner’s conduct,
    viewed in the context of the two communications in question, the issue of
    competence and authority, and the institutional repercussions flowing from
    their issuance, justified disciplinary action. Moreover, while exercising
    jurisdiction under Article 226 of the Constitution, this Court was not sitting
    in appeal over the disciplinary findings but was concerned only with the
    well-settled parameters of judicial review, namely, whether the findings
    were perverse, unsupported by evidence, vitiated by procedural unfairness
    causing prejudice, or whether the penalty imposed was shockingly
    disproportionate. The subsequent judgment of the Special Court, rendered
    on the basis of a materially different evidentiary record and for an altogether

    3
    See: Ajit Kumar Nag v. General Manager (PJ), Indian Oil Corporation Ltd. (2005) 7 SCC 764;
    Divisional Controller, KSRTC v. M.G. Vittal Rao (2012) 1 SCC 442.

    4

    (1999) 3 SCC 679.

    5

    (2006) 5 SCC 446.

    W.P.(C) 11490/2021 Page 6 of 12

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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    different purpose, cannot therefore be treated as determinative of the issues
    that arose in the disciplinary proceedings or in the writ proceedings.

    14. In the order under review, this Court did not proceed on the narrow or
    formal premise that the two communications were titled as “No Objection
    Certificates”. The inquiry before the Court was broader: whether, having
    regard to their text, setting and subsequent regulatory use, the
    communications could legitimately be viewed by the disciplinary authority
    as unauthorised communications carrying institutional assurance on behalf
    of AAI. The Petitioner’s contention that the letter dated 6th January, 2007
    itself required the proponent to obtain the necessary permission/NOC from
    the AAI Corporate Headquarters was specifically noticed. The Court
    nevertheless held that the disciplinary authority was entitled to read the
    document as a whole and in its regulatory context. On that approach, the
    conclusion that the Petitioner had conveyed an assurance beyond the
    authority available to him at the station level was found to be a plausible
    inference, and not a finding suffering from perversity or “no evidence”.

    15. The same approach was adopted in relation to the communication
    dated 25th June, 2007. The Petitioner’s explanation that the said
    communication was merely a coordination-related response concerning local
    flying operations at Bilaspur was duly considered. However, the disciplinary
    authority had before it the language of the communication, including the
    expression “NO OBJECTION”, the surrounding circumstance that it was
    utilised in the regulatory process, and the institutional position that an NOC
    of such character on behalf of AAI could not have emanated from the
    Petitioner at the station level. This Court, while exercising judicial review,
    did not sit as the original fact-finding authority. It examined only whether

    W.P.(C) 11490/2021 Page 7 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 06/07/2026 at 21:00:52
    the disciplinary conclusion was one that no reasonable authority could have
    reached. The conclusion arrived at was that the finding of misconduct was
    supported by some material and did not warrant interference on the limited
    grounds governing the exercise of jurisdiction under Article 226.

    16. The Special Court has examined the same two communications and
    has interpreted them differently. It has held that the letter dated 6 th January,
    2007 did not purport to be an NOC from the AAI Headquarters; the
    communication dated 25th June, 2007, having regard to its language,
    likewise did not purport to be such an NOC; and any ambiguity in the
    applicable CAR had to enure to the benefit of the accused. Those findings
    were rendered in the course of a criminal trial, where the prosecution was
    required to establish guilt beyond reasonable doubt. They do not, on their
    own, negate a concluded disciplinary finding tested on the standard of
    preponderance of probabilities. Nor do they demonstrate that the order under
    review suffers from an error apparent on the face of the record. At the
    highest, the judgment of the Special Court demonstrates that another view of
    the two communications was possible. That is insufficient to invoke the
    review jurisdiction, particularly when the order under review had already
    held that the view taken by the disciplinary authority was a plausible one
    and not a perverse or “no evidence” finding.

    17. The Petitioner’s reliance on the observations of the Special Court
    regarding the absence of mala fides also does not advance the review
    petition. The disciplinary finding was not founded upon proof of conspiracy,
    corruption, pecuniary gain, or criminal intent in the strict penal sense; it
    rested on the Petitioner’s issuance of communications which, according to
    the disciplinary authority, exceeded his station-level authority and carried

    W.P.(C) 11490/2021 Page 8 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 06/07/2026 at 21:00:52
    institutional assurance in a regulated aviation environment. Misconduct in
    service law is not invariably co-extensive with criminality. An act may fail
    to satisfy the ingredients of a penal offence and yet amount to misconduct
    where it transgresses institutional discipline, exceeds authority, or
    compromises an established protocol of official functioning. The decisions
    relied upon by the Petitioner, including Inspector Prem Chand v. GNCTD
    & Ors.6
    and Zunjarrao Bhikaji Nagarkar v. UOI & Ors.7, do not lay down
    an absolute proposition that misconduct can arise only where criminal mens
    rea is established. They recognise that a mere error of judgment, negligence
    simpliciter or a wrong interpretation of law, without anything more, does not
    constitute misconduct. They do not assist an employee where the
    disciplinary authority has found, on the material before it, that the officer
    acted beyond the authority vested in him in a sensitive regulatory setting.
    The order under review proceeded precisely on this distinction: the issue
    was not whether the Petitioner had committed a criminal offence, but
    whether the disciplinary authority’s conclusion that he had issued
    communications beyond his authority was plausible and supported by
    material.

    18. The contention regarding the absence of office copies and dispatch
    records also discloses no ground for review. The order under review did not
    treat the non-availability of office copies or dispatch records as the sole or
    independent foundation of guilt. Rather, it observed that the inability to
    produce the same was a relevant circumstance in assessing the propriety of
    issuance of the communications, and that the disciplinary authority was

    6
    (2007) 4 SCC 566.

    7

    (1999) 7 SCC 409.

    W.P.(C) 11490/2021 Page 9 of 12

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 06/07/2026 at 21:00:52
    entitled to treat this circumstance as aggravating, even though it was not, by
    itself, the sole foundation of guilt. It was considered only in conjunction
    with the other material relied upon by the disciplinary authority concerning
    communications which, in a regulated aviation framework, were capable of
    affecting third-party permissions and regulatory processing. The Petitioner
    places reliance on the observations of the Special Court regarding the
    issuance of Air Defence Clearance [“ADC”] and Flight Information Centre
    [“FIC”] numbers to contend that AAI itself accepted the communications
    for operational purposes. The Special Court, after recording oral evidence in
    the criminal trial, relied upon the said circumstance while returning its
    findings on the evidentiary record before it. That conclusion, however, was
    reached on the basis of the evidence adduced before the Special Court and
    on the standard of proof applicable to criminal proceedings. It does not
    furnish a ground to review the earlier order of this Court, which merely
    examined whether the view adopted by the disciplinary authority was a
    plausible one and whether the absence of such records could legitimately be
    treated as a relevant surrounding circumstance.

    19. The procedural objections regarding the non-examination of
    witnesses, denial of cross-examination, and reliance on internal office
    notings also disclose no ground for review. The order under review
    considered these submissions and held that the charge rested principally on
    documentary material, namely, the two communications, their language,
    their regulatory use, and the Petitioner’s competence to issue them. The
    communications themselves were never alleged to be fabricated, while their
    authorship stood supported by the forensic opinion noticed during the
    disciplinary proceedings. The Petitioner failed to demonstrate that any

    W.P.(C) 11490/2021 Page 10 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 06/07/2026 at 21:00:52
    specific request to summon or cross-examine a material witness had been
    refused or that any concrete prejudice had thereby been occasioned. The
    internal office notings were not the sole foundation of the disciplinary
    findings. The present review petition merely seeks a reconsideration of
    issues which were expressly examined and rejected in the order under
    review. Such a rehearing falls outside the limited scope of review
    jurisdiction.

    20. The Petitioner’s reliance on LIC of India & Anr. v. Ram Pal Singh
    Bisen8
    does not alter the position. In that decision, the Supreme Court held
    that, in a civil suit challenging the validity of a departmental enquiry, the
    employer was required to prove the documents relied upon in accordance
    with the Indian Evidence Act, 1872 [“IEA”], and that mere marking of a
    document as an exhibit did not dispense with such proof. That principle
    arose in the context of proving documents before a civil court and cannot be
    transposed mechanically to the conduct of a departmental enquiry, which is
    not governed by the strict rules of IEA. The governing test in disciplinary
    proceedings is whether the delinquent employee had a fair opportunity to
    meet the case against him and whether any procedural departure occasioned
    real prejudice. That is the test applied in the order under review.

    21. The remaining grounds relating to the delay in issuance of the charge-
    sheet, proportionality of the penalty, alleged selective action, constitution of
    the Appellate Authority, and communication of the appellate order do not
    arise from the subsequent judgment of the Special Court. They were either
    available to the Petitioner at the time of the writ proceedings or were
    considered, in substance, while examining the validity of the disciplinary

    W.P.(C) 11490/2021 Page 11 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 06/07/2026 at 21:00:52
    and appellate orders. A review petition cannot be utilised to improve upon
    grounds already urged, to place fresh emphasis on matters previously
    argued, or to invite this Court to sit in appeal over its own judgment.

    22. On the question of proportionality, the subsequent acquittal does not
    compel reconsideration of the penalty in review. The penalty was examined
    in the order under review, based on the misconduct found proved in the
    departmental proceedings. This Court held that, having regard to the
    Petitioner’s position in Air Traffic Management and the nature of the
    communications issued in a regulated aviation environment, the penalty of
    compulsory retirement with retiral benefits could not be characterised as
    “disproportionate”. The subsequent conclusion of the Special Court that the
    prosecution failed to establish the criminal charges beyond reasonable doubt
    does not, by itself, alter that disciplinary assessment.

    23. For the foregoing reasons, the review petition is dismissed. Pending
    applications, if any, also stand disposed of.

    SANJEEV NARULA, J
    JULY 3, 2026/ab

    8
    (2010) 4 SCC 491.

    W.P.(C) 11490/2021 Page 12 of 12

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 06/07/2026 at 21:00:52



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