Direct CAT challenge against stigmatic termination without SCN?

Question

Direct CAT challenge against stigmatic termination without SCN?

30-Jul-2026 (In Labour & Service Law)

Terminated based on adverse PVR alleging "suppression of facts" without any Show Cause Notice or hearing (violating Natural Justice). Department falls under CAT. Queries: 1. Must I exhaust Dept remedies under Sec 20 CAT Act, or file direct OA due to SCN absence? 2. Is this order illegal per Avtar Singh judgment? 3. Should I file Dept Appeal + CAT OA with Sec 20 Exemption & Stay?

Answers (1)

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LawRato LawRato · Accepted Answer · 2026-07-30T16:18:27+05:30

If your services were terminated solely on the basis of an adverse PVR alleging suppression of facts without issuing a Show Cause Notice or giving you an opportunity to be heard, you may have valid grounds to challenge the order before the CAT as it may violate the principles of natural justice. Depending on the facts, you can also consider filing a departmental appeal while simultaneously approaching the CAT with an application for exemption under Section 20 of the CAT Act and seeking interim relief. I can help you examine your termination order, PVR, and service records, and assist in preparing the appropriate appeal or CAT application.