THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No :13503 of 2002 ORAL ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) Assailing the order dated 31.8.2001 of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad made in O.A. No. 792 of 2002, the petitioner filed the present writ petition. The facts in brief are that the petitioner was working as a Booking Clerk in the respondent-railways. The petitioner was sanctioned extra ordinary leave for a period of one year with effect from 4.1.1993 and the same was extended for a further period of six months. On expiry of leave, the petitioner had to join duty on 1.7.1994. However, when he failed to join the duty, a charge memo has been served on him on 29.6.1995 on the ground of unauthorised absence. However, it appears the petitioner applied for voluntary retirement on1.12.1994 to consider the same with effect from 1.3.1995. He also sent a representation from Jedda stating that he is unable to travel by air due to his health conditions and on that ground, he was unable to join duty. However, subsequently, the petitioner returned to India and participated in the enquiry and in the enquiry, it was proved that the petitioner absented himself from duty unauthorisedly. On the basis of the finding of the enquiry officer, the disciplinary authority awarded the punishment of compulsory retirement by order dated 15.7.1998. Assailing the said order, the petitioner filed an appeal before the appellate authority and the appellate authority through order dated 5.7.1999 while confirming the finding of the disciplinary authority, however, modified the punishment to that of full pension. Aggrieved by the said order, the petitioner filed the aforementioned O.A. before the Tribunal. The Tribunal, through the order impugned in this writ petition, dismissed the O.A. Hence, the present writ petition. Learned counsel for the petitioner would contend that the respondents have not passed any orders from 1.7.1994 to 15.7.1998, i.e., the date on which the punishment of compulsory retirement was imposed and the Tribunal also without taking this fact into consideration, dismissed the said O.A. Normally, he had to retire by 31.5.2005 and by virtue of the order of compulsory retirement, he had to forego eleven years of service. He, therefore, prayed that the writ petition be allowed and appropriate directions be issued. Heard the learned counsel for the petitioner and perused the order of the Tribunal, impugned in this writ petition. There is no dispute about the fact that the petitioner had applied for Extraordinary leave for going to Saudi Arabia. The petitioner instead of reporting for duty even after expiry of the leave period, however, applied for voluntary retirement. Therefore, departmental proceedings were initiated against the petitioner for his unatuhorised absence and in the said proceedings, the petitioner was awarded the punishment of compulsory retirement and on appeal, the appellate authority by order dated 5.7.1999, while confirming the order of the disciplinary authority, modified the punishment of compulsory retirement to that of full pension. Challenging the same, the petitioner filed the O.A. before the Tribunal and even before the Tribunal, the petitioner did not file any material to show that he was medically unfit. In the circumstances, the finding of the appellate authority, as confirmed by the Tribunal with regard to modifying the imposition of penalty of compulsory retirement to that of full pension cannot be found fault with. Now, coming to the other contention of the learned counsel for the petitioner that the authorities have not passed any orders with regard to the period from 1.7.1994 to 15.7.1998 is concerned, since the said aspect has not been dealt with either by the disciplinary authority or the appellate authority, we feel it appropriate to remand the matter to the disciplinary authority for passing appropriate orders with regard to the said period. Accordingly, while confirming the order of the appellate authority with regard to imposition of penalty, we remand the matter to the disciplinary authority for passing appropriate orders with regard to the period from 1.7.1994 to 15.7.1998. The disciplinary authority shall pass appropriate orders in the matter, expeditiously and in accordance with law. The writ petition is accordingly disposed of. No costs. ___________________ T.MEENA KUMARI,J Date: 18th August, 2010 ____________________________ GOPALA KRISHNA TAMADA,J pnb