Lucknow: The Allahabad Bench of the Central Administrative Tribunal (CAT) has held that a government employee cannot be treated as ineligible for service or removed merely because an FIR or criminal case is pending against him or a chargesheet has been filed.
CAT quashes termination order
The tribunal quashed the termination order issued by the Postal Department against a Gramin Dak Sevak and directed his immediate reinstatement.
The order was passed by CAT Judicial Member Justice Om Prakash Shukla.
Background of the case
Arpit Bargoti, a resident of Bulandshahr, was appointed temporarily as a Gramin Dak Sevak at Dungoli Sub-Office under the Almora Postal Division in Uttarakhand on December 23, 2024. He joined duty the following day.
A police verification report received by the department in May 2025 stated that three criminal cases under the Excise Act had been registered against Bargoti and chargesheets had been filed in the cases.
Based on the report, the Postal Department issued an order on October 9, 2025, terminating his services. Bargoti challenged the order before the CAT.
Arguments before tribunal
His counsel argued that Bargoti had not concealed any facts and had not been convicted in any of the cases. The counsel relied on the Supreme Court's judgments in Avtar Singh vs Union of India (2016) and Pawan Kumar vs Union of India (2020), arguing that the mere pendency of a criminal case cannot automatically justify termination. The nature of the alleged offence and the requirements of the post must be considered independently, the counsel submitted.
The Postal Department, however, argued that the competent authority had taken the decision after finding the police verification report unsatisfactory.
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Tribunal’s findings
After hearing both sides, the CAT noted that Bargoti had not been convicted by any court in the cases. It held that the mere pendency of criminal proceedings and filing of chargesheets could not, by themselves, justify termination from service.
The tribunal accordingly set aside the October 9, 2025 termination order and directed the department to reinstate Bargoti in service.
