No administrative power to review or revive departmental enquiry after judicial quashing of charge memorandum attaining finality; limited to statutory provisions only.

JUDGMENT :

Sujit Narayan Prasad, J.

1. In the instant writ petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

“For issuance of a writ of or in the nature of certiorari for quashing of order/judgment dated 09.04.2025 passed in O.A No. OA/51/00444/2020 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 the learned Tribunal has been pleased to quash and set aside order dated 13.11.2020 calling the applicants to appear in the Departmental Enquiry in respect of Charge Sheet dated 29.11.2016 and further direction was given to grant all consequential benefits to the applicants as per the rules within a periods of three months from the date of this 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.”

2. 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 India as referred in the same Office Order in which the name of the applicants find place. It is stated that subsequently they have been regularized against the post of Regular Majdoor with effect from 06.02.2002 which is Permanent Group-“D” post under Bharat Sanchar Nigam Limited.

(ii) While the applicants were working under Department, the Respondents (Petitioner herein) have issued order dated 20.01.1999 whereby the said order granting temporary status, has been kept in abeyance without any rhyme and reason.

(iii) Thereafter the applicants have filed one Original Application being Original Application No.144 of 1999 challenging the said order dated 20.01.1999 which was allowed on 29.11.2001 whereby the said Order dated 20.01.1999 cancelling / keeping in abeyance the Temporary Status granted to the Applicants has been set aside and the Respondents have been directed to reinstate the Applicants with liberty to enquire into the allegations of submitting forged certificates after giving appropriate opportunity to participate in the Enquiry and to take appropriate action in the light of Enquiry Report in accordance with law and in compliance thereof, the Applicants have been reinstated in service and subsequently the Respondents have issued one Letter dated 07.01.2002 directing the Applicants to submit their work diary and accordingly the Applicants have submitted their Work Diary on 16.01.2002 under clear receipt and thereafter they were reinstated in the service vide Order dated 25.01.2002 and thereafter the Respondents have conducted verification with their Work Diary which were found correct and genuine.

(iv) It is further relevant to submit and state here that the Respondents herein have thereafter constituted Departmental Screening Committee (DPC) who met on 30.04.2002 and recommended for regularization and in compliance thereto the Respondents have issued Office Order dated 11.07.2002 whereby and whereunder the Applicants have been regularized as Regular Majdoor i.e. against Group-"D" Post with effect from 06.02.2002 unconditionally in which the name of Applicants finds place.

(