CWP(T) No.6526 of 2008 (OA No. 280/2000) 29.04.2010 Present: Mr. B.S. Ranjan, counsel for the petitioner Mr. R.K. Sharma, Senior Additional Advocate General with Mr. P.M. Negi, Deputy Advocate General for the respondent/State. Petitioner was working as a conductor with the respondent. Disciplinary proceedings were initiated against him for his alleged mis-conduct. Vide office order dated 21st July, 1990, the respondent imposed a penalty of compulsory retirement from service and also ordered recovery of Rs.5,276.90 paise from him. According to the petitioner, this amount stood deposited with the authorities. 2. Petitioner is stated to have filed a statutory appeal before the relevant authorities. In the return, the respondents have denied this fact. Be that as it may be, there is no denial to the fact that statutory appeal lies against the order dated 21st July, 1990. Learned counsel prays that fresh opportunity be granted to file a fresh appeal. Mr. R.K. Sharma, learned Senior Additional Advocate General fairly states that fresh appeal can be filed by the petitioner and the same shall be considered and decided on merits expeditiously. 3. As such, petitioner is permitted to make a representation to respondent No. 2 within a period of 4 weeks from today. The same shall be decided within a period of 12 weeks from the date of receipt of the same. Needless to add opportunity of hearing/representation shall be afforded to the petitioner and the authorities shall pass a reasoned order which shall be communicated to him. 4. It is also urged on behalf of the petitioner that pensionary benefits, have also not been disbursed to him. In the return, it is not disputed that the petitioner is entitled to retiral benefits. No orders are being passed on this issue, save and except that as a consequence of the orders passed by the Appellate Authority, petitioner shall be entitled to all benefits in accordance with law. 5. In this view of the matter, the present petition stands disposed of. (Sanjay Karol) Judge April 29, 2010 *BRB*