No dismissal of temporary employees shall occur without a proper inquiry, reaffirming constitutional protections under Article 311.

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date: 16-12-2025 The present writ petition has been filed against the order dated 08.04.2025 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as ‘Ld. CAT’) in O.A. No. 050/00104/2021 whereby and whereunder the original application filed by the respondent has been allowed and the order dated 27.03.2020 as also the one dated 04.01.2021 passed by the respondent No.4 and respondent No.3 respectively along with the show cause notice dated 10.10.2019 have been set aside as also the sole respondent herein has been directed to be reinstated in service, nonetheless it has been further directed that the said order dated 08.04.2025 shall not come in the way of the authorities in initiating inquiry under the relevant Rules and completing the proceedings within six months.

2. The facts of the present case lie in a narrow encompass inasmuch as the sole respondent was engaged as a casual labour on 23.10.1984 and was granted a temporary status with effect from 29.11.1989 vide order dated 20.7.1991, whereafter the petitioners confirmed the status of the respondent at par with Group ‘D’ employees with effect from the year 1995 vide order dated 16.02.1996. Suddenly, on 10.10.2019 the petitioner No.4 had issued a show cause notice to the sole respondent alleging therein fraudulent payment and misappropriation of government money at Patna G.P.O., to which the respondent had submitted his representation dated 16.10.2019, demanding relevant documents to submit his reply, however only some incomplete documents were handed over to him. Nonetheless, without initiating any regular departmental proceedings, the petitioner No.4 passed an order dated 27.03.2020, directing for dispensing with the service of the respondent with immediate effect.

3. The original applicant, i.e. the respondent herein had argued before the Ld. CAT that on the basis of simple show cause notice dated 10.10.2019, no order such as the one dated 27.03.2020 could have been passed, dispensing with the service of the original applicant without either issuing any charge-sheet or holding any regular departmental inquiry which is not only against the principles of natural justice but also against Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as ‘Rules, 1965’) as also violates Article 311 of the Constitution of India .

4. The petitioners had filed a written statement before the Ld. CAT stating therein that the service of employees having temporary status at par with Group ‘D’ employees is not covered under the Rules, 1965, hence there is no requirement of either issuing any charge-sheet or initiating any regular departmental proceeding.

5. The Ld. CAT, by the impugned order dated 08.04.2025, relying on the judgment passed by the Hon’ble Apex Court in the case of Nar Singh Pal vs. Union of India and Ors. , reported in (2000) 3 SCC 588 has held that the case of the respondent herein is squarely covered by the judgment rendered by the Hon’ble Apex Court in the case of Nar Singh Pal (supra), thus has quashed the orders dated 27.03.2020 and 04.01.2021 passed by the petitioner No.4 and petitioner No.3 respectively as also has set aside the show cause notice dated 10.10.2019.

6. At this juncture, we would gainfully quote paragraph Nos.

6 and 10 of the judgment rendered in the case of Nar Singh Pal (supra) herein below:-

“6. The appellant, no doubt, was a casual labour but as observed by the Tribunal, he had acquired temporary status with effect from 1-10-1989. Once an employee attains the "temporary" status, he becomes entitled to certain benefits one of which is that he