17.3.2009 Present: Mr. Subhash Sharma, Advocate, for the petitioner. Mr. Adarsh Sharma, Advocate, for the respondents. CWP(T) No.3768/2008 (OA No.1374/96) In the present petition, the petitioner has prayed for the following relief:- “1. That the impugned order contained in Annexure A-1 may kindly be quashed and set aside in view of the acceptance of the penalty by the applicant contained in Annexure A-2. 2. That the relevant records of the case may kindly be summoned. The applcation may be allowed with costs.” Annexure A-2 is the office order dated 15.2.1996, whereby the following penalty has been imposed upon he petitioner for his proven misconduct:- “reducing initial basic pay by one stage from 1320/- + 30 AP + 40 PP to Rs.1280/- + 30 AP + 40 PP with no effect of earning future increment.” The aforesaid order was passed by the Regional Manager, HRTC, Baijnath, but, however, the Divisional Manager not being satisfied with the same issued another memorandum dated 7.9.1996 (Annexure A-1), which in effect is show cause notice giving an opportunity to the petitioner to show cause as to why the penalty imposed by the Regional Manager be not enhanced. The petitioner was working as Conductor with the respondent- HRTC and is alleged to have misappropriated the Govt. funds. Disciplinary proceedings were initiated against him for the same. The challenge is only to the show cause notice. The action sought to be taken by the respondents is in consonance with the powers as stipulated under Rule 29-A (Review) of CCS (CC&A) Rules. In my considered view, there is no justifiable ground to quash the same. No legally enforceable right of the petitioner stands violated. The petition is devoid of any merit. However, it shall be open for the petitioner to take recourse to such remedies, including filing of reply and placing other material including decision of the Apex Court before the Disciplinary Authority, if the proceedings have not been concluded till date. The petition stands disposed of. ( Sanjay Karol ), Judge. March 17, 2009 (rana)