) Pursuant To The Order vs Unknown
2023 Latest Caselaw 3656 AP

      HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
             MAIN CASE: W.P. No. 13000 of 2018
                         PROCEEDING SHEET

Sl.
                                         ORDER

No. DATE

35. 24.07.2023 RNT,J & BVLNC,J

1) Pursuant to the Order, dated 17.07.2023, a Memo has been filed by the Respondent showing the hierarchy in Guntakal Division of south Central Railway along with documents.

2) Learned Counsel for the Petitioners has also filed the document being G/c.352/ BSP/WP No. 13000/2018, dated 19.07.2023, on the same point.

3) Learned Counsel for the Petitioners argued that the order passed by the Senior Divisional Commercial Manager was within the jurisdiction in the exercise of revisional jurisdiction and he was the competent revising authority.

4) Learned Counsel for the Respondent vehemently urges, placing reliance on Rule 25 of the Railway Servants (Discipline & Appeal) Rules, 1968 [ in short 'Rules'] read with Schedule-II, at Serial No. 2, to contend that, the Divisional Commercial Manager, who had passed the Appellate Order, was not holding independent charge and consequently the Appellate Order itself was passed by incompetent authority, as in his submission, the Senior Divisional Commercial Manager, was competent to pass the appellate order. His further submission is that in view thereof, the Senior Divisional Commercial Manager could not be the revisional authority. The revisional order by Senior Divisional Commercial Manger was without jurisdiction. In this regard, no illegality has been committed by the Tribunal in allowing the O.A. of Respondent No.1.

5) He placed reliance on the judgments in the case of Union of India and Another Vs. S.Rama Rao1 and Union of India and others Vs. S. Hari Krishna2.

6) He further submits that, besides the above ground, the O.A. has been allowed on some other ground as well.

7) Learned Counsel for the Petitioners submits that, he made his submission only on the point of jurisdiction on the revisional authority and time may be granted to him to argue on the other aspects of the matter as well.

W.P. No. 11851 of 2001, dated 0103.2011.

W.P. No. 1490 of 2002, dated 22.01.2014.

8) Without expressing any final view on the point argued at this stage, as regards jurisdiction of the revisional authority under the Rules read with Schedule, with the consent of the parties counsel, the matter is posted on 31.07.2023, for further hearing.

_______ RNT, J

_________ BVLNC,J SM/