JUDGEMENT
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(1.) THIS writ application is directed against the order dated 18th March, 2003 passed by the learned Tribunal in M.A. No. 35 of 2003 arising out of O.A. No. 193 of 2001.
(2.) IN its order dated 28th March, 2003, the learned Tribunal had observed that in two earlier matters the emphasis was that the quantum of punishment be reduced. The learned Tribunal observed further that it was expected of the respondents to have appreciated the said emphasis while trying to comply with the direction given in the two earlier Original Applications decided by the Tribunal. Accordingly, the learned Tribunal, in its order passed in the third O.S. remanded the matter back to the authorities with direction that they should reconsider the whole thing in the light of the orders passed by the Tribunal in
O.A. No. 227/1996 and O.A. No. 41/2001(R), decided on 15th December, 2000 and 7th August, 2001 respectively, which have now become final between the parties, within a period of three months form the date of receipt of the order.
3. The said order of remand has neither been questioned on behalf of the applicant in the Original Application, nor on behalf of the writ petitioner herein. The Misc. Application was an application for review of the order passed in O.A. No. 193/2001 on various grounds.
4. In any event, both the parties now agree that in view of the Rules which provide that the matter has to be considered by the Revisional authority, we modify the order passed in the Original Application by directing that the matter be now considered by the Revisional Authority, namely, the Comptroller and Auditor General of India within four weeks from the date of communication of this order, after giving the applicant in the Original Application and/or his authorized representative a reasonable opportunity of being heard. Inasmuch as, the order of learned Tribunal has been modified by us, the applicant before us in the writ application will make a separate application before the Revisional Authority, along with a copy of this order within 10 days from date.
5. Let a plain copy of this order be handed over to the learned Advocates of both the parties for communication.;
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