Re : CAN 10491 of 2017

1. This application arises out of an appeal preferred against the impugned judgment dated October 25, 2017 passed in W.P. No. 25712 (W) of 2017. This application is taken up for hearing dispensing with formality of exchanging affidavits with the consent of the parties.

2. It is submitted by Mr. Achin Kumar Majumder, learned Advocate appearing for the petitioner/appellant that the subject matter of challenge in the writ application was a second show cause notice dated September 21, 2017 issued by the respondent No. 2 asking the appellant to show cause as to why major punishment as laid down in Rule 148.2(a) to 148.2(c) of Railway Protection Force Rules, 1987 (hereinafter referred to as the said Rules) should not be awarded to the appellant. Drawing our attention towards a communication dated May 10/11, 2016 of the respondent No. 2 addressed to the respondent No. 3, it is submitted by Mr. Majumder, that while considering the matter relating to a disciplinary proceeding initiated against the appellant, the respondent No. 2 sent the entire matter back to the respondent No. 3 with a view to afford him an opportunity to have a fresh look at the case and to