THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR Dated: 07-12-2010 WRIT APPEAL No. 1066 OF 2010 Between: Divisional Security Commissioner, Railway Protection Force/Sanchalan Bhavan, Secunderabad and two others ... APPELLANTS AND V. Ravinder …RESPONDENT THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No. 1066 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) Order of dismissal passed on the ground of unauthorized absence stands upheld by the statutory forums which was questioned before the writ Court. During the currency of the writ petition, a direction was passed by the learned single Judge requiring the appellants to get the respondent – workman examined by Medical Board to ascertain his fitness, which direction according to the learned counsel for the appellants is uncalled for because it would amount to reopening of the case, that too at an interlocutory stage, giving a cause to the respondent to introduce a fresh story. We find substance in the contentions urged. Fitness or otherwise in a case of unauthorized absence, if at all relevant is to be addressed on the basis of the material which is already brought on record by the parties before the revisional and appellate forum. In that view of the matter, we find no option but to set aside the impugned order. Writ appeal is allowed. Needless to say that this order shall not come in the way of the writ Court while disposing of the writ petition. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 07-12-2010 K. Shyleshi