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2026 DAILYLAW 15188 (DEL)

UNION OF INDIA AND ORS v. SANTOSH KUMAR KARNANI

W.P.(C)/8548/2026 · 2026-08-04

Anil Kshetarpal, Shail Jain

Writ Petition (Civil)body2026

Judgment text

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$~118 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010266422026 + W.P.(C) 8548/2026, CM APPL. 39824/2026, CM APPL. 39825/2026 and CM APPL. 39826/2026 UNION OF INDIA AND ORS .....Petitioners Through: Mr. Ashish K Dixit CGSC, Mr Umar Hashmi, Mr Ayush Kumar, Ms Iqra Sheikh, Advs versus SANTOSH KUMAR KARNANI .....Respondent Through: Mr. Narendra Hooda, Sr. Adv., Mr. Udit Chauhan, Mr Himanshu Tyagi and Mr. Kashin Nagpal, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MS. JUSTICE SHAIL JAIN O R D E R % 04.08.2026 1. Yesterday, the following Order was passed by this Court: 1. Learned counsel representing the parties have been heard at sufficient length. 2. In this Writ Petition, the Union of India challenges the correctness of the order passed on 25.02.2026 by the Central Administrative Tribunal (‘CAT’), whereby the transfer and posting order of the Respondent has been interfered with. 3. Vide Interim Order dated 01.07.2026 passed by this Court, operation and effect of the order passed by the CAT on 25.02.2026 was stayed. 4. The Respondent has already joined at the new place of posting, i.e., Guwahati on 07.07.2025, and continues to remain posted there. 5. The Respondent is facing multiple departmental proceedings, criminal cases and proceedings under The Prevention of Money 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 06/08/2026 at 12:50:52 Laundry Act, 2002, which are stated to be pending at Ahmedabad and Delhi. 6. The Respondent claims that in order to effectively defend the proceedings, he should be posted at a convenient non-sensitive place. 7. At the time of hearing, the Court suggested to the learned counsel representing the Respondent that the Respondent may submit a representation to the Government in this regard, and, if so submitted, the same shall be considered sympathetically. 8. Learned counsel representing the Petitioners prays for a short accommodation to take instructions. 9. List on 04.08.2026 in the “Supplementary List”. 2. Today, Mr. Ashish K. Dixit, learned Counsel appearing on behalf of the Petitioners, submits that in the event the Respondent submits a representation, the same shall be considered sympathetically and an appropriate order shall be passed thereon within a period of eight weeks from the date of its receipt. 3. Learned Counsel appearing on behalf of the Respondent has also drawn the attention of this Court to paragraph 46 of the impugned Order dated 25th February, 2026, passed by the CAT, which reads as under: 46. As regards the claim for release of withheld salary and subsistence allowance, the respondents are directed to process and release all admissible dues in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. In the event any amount is found payable and has been unjustifiably withheld, the same shall carry interest a t the applicable GPF rate from the date it became due till actual payment. 4. Learned Counsel appearing on behalf of the Respondent 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 06/08/2026 at 12:50:52 submits that the Petitioners are also required to comply with the aforesaid direction by releasing the withheld salary and subsistence allowance in terms of paragraph 46 of the impugned Order. 5. In view of the aforesaid, and with the consent of the learned Counsel appearing on behalf of the parties, the impugned Order dated 25th February, 2026, passed by the CAT, shall stand modified to the following extent: I. The Respondent shall submit a representation in terms of the Order passed by this Court on 03rd August, 2026. Upon receipt thereof, the Petitioners shall consider the same sympathetically and pass an appropriate order within a period of eight weeks. II. The directions contained in paragraph 46 of the impugned Order shall be complied with within a period of four weeks from today. 6. Since the present Order has been passed with the consent of the learned Counsel appearing on behalf of the parties, no further reasons are required to be recorded. 7. The present Writ Petition, along with all pending applications, if any, stands disposed of in the aforesaid terms. ANIL KSHETARPAL, J. SHAIL JAIN, J. AUGUST 4, 2026/PT/MM 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 06/08/2026 at 12:50:52