Administrative authority cannot review judicially quashed charge memorandum attaining finality by issuing fresh inquiry notices absent statutory power; violates judicial discipline.

ORDER :

Sujit Narayan Prasad, J.

1. Both the writ petitions are taken up together for hearing as these are preferred against the common order passed by the learned Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi).

2. The common order dated 19.08.2025 passed in O.A No. OA/050/00151/2021 and O.A No. OA/050/00306/2021 is under challenge in W.P(S) No.6953 of 2025 and W.P(S) No.497 of 2026 respectively.

3. The following prayers have been made in these writ petitions:

In W.P(S) No.6953 of 2025:

“That by the instant writ petition petitioners pray for issuance of a writ of or in the nature of certiorari for quashing of order/Judgment passed in dated 19.08.2025 OA/ 050/ 00151/ 2021 by the Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi); whereby and whereunder Original Application filed by the respondents has been allowed and learned tribunal has been pleased to quash and set aside order dated 25.02.2021 by which Petitioners herein have decided to review the TDM Dumka Order dated 09.03.1998 on the ground of collusion, forgery, malafides, conspiracy & fraud etc. and also petitioners herein was directed to grant all consequential benefits to the respondents herein/applicants to the OA as per the rules within a period of 3 months from the date of the order which is absolutely perverse both on law and facts.

And/Or

Issue such other writ(s) /order(S)/Rule(s)/Direction(S) as your lordships may deem fit and proper in the facts and circumstances of the instant case for doing substantial justice to the Petitioners.”

In W.P(S) No.497 of 2026:

“That by the instant writ petition petitioners pray for issuance of a writ of or in the nature of certiorari for quashing of order/Judgment dated 19.08.2025 passed in OA/050/00306/2021 by the Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi); whereby and whereunder Original Application filed by the respondents has been allowed and learned tribunal has been pleased to quash and set aside order dated 04.09.2021 by which the applicants of the OA/050/00306/2021 / respondents herein have been directed to appear before review DPC on 22.09.2021 and also petitioners herein was directed to grant all consequential benefits to the respondents herein/applicants to the OA as per the rules within a period of 3 months from the date of the order which is absolutely perverse both on law and facts.

And/Or

Issue such other writ(s) /order(S)/Rule(s)/Direction(S) as your lordships may deem fit and proper in the facts and circumstances of the instant case for doing substantial justice to the Petitioners.”

4. Since both these writ petitions have been preferred against the common order and further similar issue has to be adjudicated in these writ petitions, therefore, this Court is delving upon the factual aspect of the W.P(S) No.6953 of 2025 taking it as lead case.

5. The brief facts of the case as per the pleadings made in the writ petitions which are enumerated from the pleadings of the Original Applications reads as under:

(i) The applicants (respondents herein) have been initially appointed a Casual Labour in between 1985 to 1988 and they were granted Temporary Status with effect from 09.03.1998 as per the directive of Hon'ble Supreme Court of