0HONOURABLE SMT JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE B. CHANDRA KUMAR WRIT PETITION NO.22420 OF 2001 DATE:30.8.2010. Between: B.S. PURUSHOTHAM …Petitioner And: 1. Union of India rep., by Divisional Commercial Manager, South Central Railway, and others. …Respond This Court made the following: HONOURABLE SMT JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE B. CHANDRA KUMAR WRIT PETITION NO:22420 OF 2001 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed challenging the order-dated 15.6 passed in O.A.No.515 of 2000 by the Central Administrative Tribunal. The petitioner herein filed the above O.A. challenging the show cause n dated 15.3.2000. It is the case of the petitioner-applicant that on the allegatio he being a ticket collector, collected Rs.30/- from the passenger and he ha issued any ticket, he was awarded a penalty of withholding of one increment period of 40 months by order dated 30.9.1999, after due enquiry by the Discip authority. Aggrieved by the same, he filed an appeal before the Divis Commercial Manager and while the appeal is pending disposal, the S Divisional Commercial Manager, (Guntakal), who is the Revisional Authority motu issued the show cause notice dated 15.3.2000 proposing the enhancem punishment already imposed by the disciplinary authority to that of compu retirement. Hence, questioning the show cause notice, the petitioner-app filed the above O.A., seeking to quash the show cause notice and to iss direction to dispose of the appeal. After hearing both the parties, the Tribunal dismissed the O.A. Aggriev the same, the petitioner-applicant filed the present writ petition. The learned Counsel appearing on behalf of the petitioner-applicant a more or less by raising the similar contentions that were urged before the Trib It is contended that when the appeal is pending before the DCM, the revis authority has no power whatsoever to issue a show cause notice proposi enhance the punishment imposed by the disciplinary authority and it contravention of the Rules. On instructions, the learned Counsel for the respondents submitted th appeal is not traceable with the department and a direction to dispose of the a may be given. In view of the facts and circumstances of the case and in view of the a submissions made by both the Counsel and in view of the pendency of the ap without expressing any opinion on the merits of the case, we feel that it w suffice if a direction is issued to dispose of the appeal. Accordingly, the writ petition is disposed of directing the respond authorities to dispose of the appeal filed by the petitioner on 13.11.1999. record of the appeal is not traced, the petitioner is at liberty to file a copy o appeal dated 13.11.1999. It is also made clear that the petitioner is at liberty his explanation to the show cause notice by raising all the contentions that raised in the O.A., and this writ petition. It is also made clear that the revis authority shall not pass any final orders till the appeal filed by the petition disposed of. If the petitioner is felt aggrieved by the orders that would be pass the appellate-authority, he is always at liberty to avail the remedies open to under law. No order as to costs. _____________________ Justice T.Meena Ku _______________________ Justice B. Chandra K Date:30.08.2010 NN HONOURABLE SMT JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE B. CHANDRA KUMAR WRIT PETITION NO:22420 OF 2001 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) DATE:30.8.2010.