Rajesh Balia and Darin Ghosh JJ.

1. Heard learned counsel for the parties,

2. This petition is directed against the order of the Central Administrative Tribunal dated 5th June, 2006 allowing the Original Application submitted by the respondent Nirbhay Kumar. The said Nirbhay Kumar had been appointed as temporary Postal Assistant in the Office of the Superintendent of Post Offices, Nalanda vide order dated 16.4.2003 after proper selection and verification of his original document. While he was serving, an investigation took place about the mark-sheet submitted by the applicant Nirbhay Kumar by the Central Bureau of Investigation under FIR RC-11(A)/04 in which the applicant Nirbhay Kumar and some other public servants were involved. A charge-sheet has been submitted on 13.9.2004 in that case arraying the applicant only as an accused person. In connection with that case, the respondent Nirbhay Kumar had been arrested on 4th June, 2004 and was released on bail on 3rd September, 2004. Thereafter, by the order dated 18th October, 2004, the respondents services were terminated. The order of termination reads as under:-

"Department of Post, India. Office of the Supdt. Of Post Offices, Nalanda Dn. Biharsharif. Memo No. SP/PA/Con/2002 dated at Biharsharif, the 18.10.2004.

Shri Nirbhay Kumar was selected for appointment in Postal Assistant cadre in Nalanda Division, Biharsharif vide Circle Office, Patna letter no. B2-3/Rectt/Outsider/PA/96-97 dated 21.04.2003.

In course of verification of mark-sheet of Intermediate Science examination from Bihar Intermediate Education Council, Patna, it was found that Shri Nirbhay Kumar had submitted bogus mark-sheet of Bihar Intermediate Education Council, Patna and was got employment as Postal Assistant in Nalanda Division, Biharsharif.

A show-cause notice vide this Office No. SP/PA/Con/2003 dated 11.02.2003 was served to Shri Nirbhay Kumar, Postal Assistant, Mokamaghat Sub-Post Office. Shri Nirbhaya Kumar submitted the reply of show-cause which was received in this office on 25.11.2003.

In this connection a case has also been registered ... (sic) Branch, Patna under his case marked No. RC- 11(A) 2004-PAT in which Shri Nirbhay Kumar, Postal Assistant, Mokamaghat Sub-Post Office surrendered before the court of Special Judge (C.B.I.), Patna on 04.06.04 and remanded into judicial custody and was sent-up to Beour Central Jail, Patna.

The undersigned is the appointing authority of the Postal Assistant cadre, hereby issued the order of termination of the service of Shri Nirbhay Kumar, Postal Assistant, Mokamaghat Sub-Post Office with effect from the date of surrendered before the court of Special Judge (C.B.I.) Patna i.e. 04.06.2004. Sd/- ( L. Rawat) Supdt of Post Offices, Nalanda Dn. Biharsharif"

3. The termination order has been challenged before the Central Administrative Tribunal by the respondent. The Tribunal held that the termination order is not a termination simplisitcr but being punitive founded on the factum of producing forged mark-sheet and since the order has been passed without holding any enquiry in accordance with the rules, the order of termination is invalid and the same has been quashed with liberty to the respondents to proceed in accordance with law as also to take action for deciding the intervening period in accordance with rules and regulations.

4. The learned counsel for the petitioner urges that it was a condition of employment that he being in temporary employment, his services could be terminated any time without any notice, therefore, the termination cannot be held to be bad. It was also urged that the appointment letter also included the term that if the mark-sheet is found to be bogus, the services were liable to be terminated and, therefore, the termination being in accordance with the terms of appointment, the termination order cannot be faulted with.

5. Having perused the termination order as produced before us, we are of the opinion that the contentions of the lear