UNION OF INDIA Vs. RAGHUBIR THAKUR

JUDGEMENT

(1.) This writ petition is directed against the order dated 15.2.2006 (Annexure-7), passed by the Central Administrative Tribunal, Patna Bench, in O.A. No.43 of 2002 (Raghubir Thakur Vs. Union of India and others), whereby the original application preferred by respondent no.1 herein has been allowed with the liberty to the authorities (writ petitioner herein) to institute a civil suit for realisation of the dues from respondent no.1.

(2.) A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner was in the services of the Indian Railways and was posted at Muzaffarpur at the relevant point of time. He proceeded on authorised leave with effect from 21.8.1982, and had ultimately reported for duties on 21.2.1989. He was on joining posted at Barauni. In the meantime, departmental proceeding was initiated against him for remaining on unauthorised leave beyond the period of sanctioned leave. The learned enquiry officer submitted his report dated 23.6.1993, exonerating the petitioner with respect to his alleged unauthorised absence, which was accepted by the learned disciplinary authority.

(3.) He continued to be in occupation of the Government accommodation at Muzaffarpur. The authorities proceeded to realise penal rent for unauthorised occupation of the Government accommodation at Muzaffarpur for the period after his transfer to Barauni. He superannuated from the services of the Indian Railway on 28.2.1995. The petitioner challenged the same by preferring the aforesaid O.A. No.43 of 2002, which has been allowed in full and the authorities have been given the liberty to institute a suit for realisation of the dues.