UNION OF INDIA vs D K THAKUR AND OTHERS

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6900/2024, CM APPL. 28732/2024, CM APPL. 28733/2024 & CM APPL. 61734/2025 UNION OF INDIA .....Petitioner Through: Ms Manisha Agrawal Narain, CGSC versus D K THAKUR AND OTHERS .....Respondents Through: Mr. Ravinder Agarwal, Mr. Manish Kumar Singh and Mr. Vasu Agarwal, Advs. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 15.05.2026 OM PRAKASH SHUKLA, J. 1. Through the present petition, the Petitioner has assailed the correctness of the order dated 06.09.20231, passed in Original Application No. 554/2018, whereby the learned Central Administrative Tribunal2 had directed reinstatement of the Respondent in service with all consequential benefits. 2. Shorn of unnecessary details, the relevant facts are noted hereunder. 1 “impugned order” hereinafter 2 “Tribunal” hereinafter Signature Not Verified Signed By:GUNN W.P.(C) 6900/2024 Page 1 of 16 Signing Date:19.05.2026 19:01:39 3. Shri D.K. Thakur3, Respondent No.1 herein, was working as Assistant in the Ministry of Home Affairs4 (Respondent No.2 herein) and was posted in F-VII Section, Foreigners Division, Jaisalmer House, New Delhi from 10.03.2008 to 20.01.2010. 4. During his tenure as an Assistant in the MHA, a memorandum was sent to him stating that a complaint had been received from one Karamjit Singh Gill alleging that the Respondent, on 14.12.2009, had taken a bribe of Rs.10000 from him in lieu of extension of the visas of his family members. The Respondent was asked to reply to the said memorandum within 4 days of its receipt. 5. In its response to the memorandum vide letter dated 14.01.2010, the Respondent denied the allegations and stated that the complaint was false and mala fide. 6. Thereafter, in the meanwhile,