JUDGMENT :

P.B. BAJANTHRI, J.

In the instant writ petition, petitioner is legal heir of the deceased employee-Smriti Bihari Sahay. The deceased railway employee was subjected to disciplinary proceedings. Article of charges were issued on 20.03.2007, it was concluded in imposition of penalty of reduction of pay of Rs. 4,600/-to 3,200/- for a period of six years with cumulative effect on 02.02.2009.

The deceased employee preferred appeal before the Appellate Authority and it was not decided for about five years. General Manager invoked Rule 25 of the Railway Servants (Discipline and Appeal) Rules, 1968 (for short ‘Rules 1968’) and proceeded to issue a show cause notice on 17.12.2013 to the extent why the penalty imposed by the Disciplinary Authority dated 02.02.2009 shall not be enhanced. The deceased employee furnished his reply on 21.01.2014. Thereafter, General Manager enhanced the penalty to the extent of reducing initial stage of next lower grade for a period of eight years with cumulative effect on 16.04.2014.

2. Feeling aggrieved and dissatisfied with the Disciplinary Authority’s order dated 02.02.2009 and in not deciding the deceased employee’s appeal, the deceased employee filed