WP(C) 6627/2010 BEFORE HON’BLE MR. JUSTICE IA ANSARI Heard Ms. B Devi, learned Standing counsel, NF Railway, appearing on beh alf of the petitioners, and Mr. H Rahman, learned counsel appearing on behalf of the respondent. By order, dated 29-06-2010, passed in Original Application No. 160 of 2010, the learned Central Administrative Tribunal, Guwahati Bench, directed the petitioner s herein, who are respondents in the said Original Application, to finalise the disciplinary proceeding, which had been initiated against the respondent herein, and pass necessary final order, within a period of three months from the date o f receipt of the said order. By making a miscellaneous application, in OA No. 160 of 2010 aforementioned, whi ch had given rise to Miscellaneous Application No. 154 of 2010, the petitioners herein sought for extension of time, for a period of seven months, by contending , inter alia, that the imposition of penalty could not have been finalized by th e authorities concerned without the advice of the UPSC. The prayer for extension of time so made was, however, turned down by the learned Tribunal by its order, dated 27-09-2010. Aggrieved by the order, dated 27-09-2010, aforementioned, the petitioners have impugned the same in this writ petition. By the order, dated 06-04-2011, passed, in this case, this Court directed the Ra ilway Board to apprise this Court, in clear terms, as to the shortest possible t ime that would be taken to complete the disciplinary proceedings against the pet itioner. In terms of the observations made and the directions given, in this case, on 06- 04-2011, the petitioners have, now, informed this Court that a minimum period of four months’ time would be required to pass final order. In this regard, the le tter, dated 11-04-2011, addressed to the General Manager (P), Northeast Frontier Railway, Maligaon, Guwahati, by the Deputy Director Establishment (D&A), Railwa y Board, has also been relied upon. The letter, dated 11-04-2011, reads as under : To the General Manager (P) Northeast Frontier Railway, Maligaon, Guwahati. (Kind Attn. Shri S. Behera, Dy. CPO/Gaz) Sub: Disciplinary action against Shri Biren Chandra Sarma, retd. Office Superint endent Gr. II/E/GHY under Rule 9 of Railway Services (Pension) Rules, 1993. Please refer to correspondence, resting with Railway’s letter No. E/170/LC/NS/13 /18/10, dated 7.4.2011 on the above subject. 2. It is advised that in view of provisions of rule 9 of Railway Services ( Pension) rules, 1993 (Copy enclosed), the disciplinary case of Shri Biren Chandr a Sarma will be required to be referred back to the Union Public Service Commiss ion for their advice on the tentative decision taken by Hon’ble MR on behalf of the President in the case. The advice of the Commission will then be submitted t o the President for consideration and decision thereon. 3. Earlir while returning case papers vide their letter No. F.3/221/2010-SI dated 21.10.2010 (copy enclosed) for want of sufficient time, the Commission ha d advised that a minimum of 2-3 months time should be available to them to consi der and advice in a disciplinary case involving CAT/Court direction. Another abo ut one months time is required for consideration of advice of the Commission by the President. A minimum four months time is, therefore, required for passing fi nal orders in the case. 4. The above position may please be brought to the notice of the Hon’ble Hi gh Court with reference to their direction dated 6.4.2011 in WP(C) No. 6627 of 2 010. Outcome of the hearing on 18.4.2011 may also be advised to this office in d ue course. Sd/- (Harish Chander) Dy. Director Establishment (D&A), Railway Board. Having considered the various provisions governing the procedure for imposition of penalty in a case of present nature, we are of the view that in the facts and circumstances of the present case, the petitioners can be given, at best, a per iod of four months’ time for completing the process of imposition of penalty, if any. In the result and for the foregoing reasons, the order, dated 27-09-2010, passed by the learned Tribunal, refusing to grant extension of time, is hereby is set aside and this writ petition is disposed of with direction to the petitioners to complete the exercise of imposition of penalty, if any, on the respondent withi n a period of four months from today. It is made clear that no further time would be granted to the petitioners, parti cularly, when the respondent stood retired, on superannuation, as far back as on 31-12-2007. Any delay on the part of any of the petitioners, in acting expediti ously in terms of the directions, so given, may be considered as his personal de fault and the person(s) concerned may be made accountable, in accordance with la w, if any lapse, in expeditiously dealing with this case, is noticed, at any tim e, in future. If the respondent feels aggrieved by the decision(s), which may be finally taken by the petitioners, and/or order(s), which may be finally passed by the petitioners, the respondent shall remain at liberty to take recourse to s uch provisions of law as may be permissible. With the above observations and directions, this writ petition shall stand dispo sed of. No order as to costs. Furnish a copy of this order to the learned Standing Counsel, NF Railway.