Hon’ble B. Amit Sthalekar, J.—The appellant before us has filed a writ petition No. 38200 of 2013 challenging the order dated 29.1.2013 cancelling the earlier penalty order dated 15.7.2012, the notice dated 30.1.2013 to show-cause as to why the penalty of dismissal be not imposed, the charge-sheet dated 12.6.2013, and the order dated 12.12.2012 by which his departmental appeal against the earlier order of punishment dated 15.7.2012 was set aside.

2. We have heard Shri Satya Prakash Pandey, learned counsel appearing for the appellant and the learned standing counsel for the respondents.

3. The petitioner-appellant, who was working as a constable, was charge-sheeted on 1.10.2011 and in the departmental proceedings a penalty order dated 15.7.2012 was passed awarding the punishment of reduction to the lowest of the pay scale for a period of one year. The petitioner-appellant preferred a departmental appeal before the Dy. Inspector General of Police, Kanpur Range, Kanpur who by his order dated 12.12.2012 considered the appeal and set aside the earlier punishment order dated 15.7.2012 and a direction was issued to the Superintendent of Police (Disciplinary Authority) to reconside