IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8461 of 2009 Eustace Augustine, son of late C.F. Augustine, resident of Railway Quarter No.462/P, Railway Medical Colony at present at Muhalla Madargahi, Ward No.12, P.S. Samastipur, P.O. Samastipur, District- Samastipur ----- Petitioner. Versus 1. Union of India through General Manager, Eastern Central Railway, Hajipur, Bihar. 2. Divisional Railway Manager Samastipur Division, East Central Railway, Samastipur. 3. Divisional Railway Manager (ENG) cum Senior Divisional Engineer, East Central Railway, Samastipur. 4. Assistant Town Engineer (ATEN/SPJ), Samastipur --- Respondents. ---------- 4. 11.5.2010 Heard Mr. K.M. Joseph for the petitioner, and Mr. Arvind Ujjwal for the respondents. This writ petition is directed against the order dated 23.3.2009 (Annexure- 17), passed by the learned Central Administrative Tribunal, Patna Bench, in O.A. No. 722 of 2005 (Eustace Augustine Vs. Union of India & Others), whereby the original application has been allowed in part, the respondent authorities have been directed to realize 75% of the penal rent for his unauthorized occupation of the Government accommodation, and refund the balance amount to the original applicant if already realised. We have perused the materials on record and considered the submissions of 2 learned counsel for the parties. The petitioner was at the relevant point of time posted as Gangman in the office of the Assistant Engineer at Samastipur yard in the Indian Railways. He was an educated person. He was transferred to Hayaghat in July, 1991. On receipt of the transfer order, the petitioner disappeared and was not traceable for four years. He reappeared in June 1995, whereafter he was relieved from Samastipur to join his new place of posting. The respondent authorities took steps to recover penal rent for unauthorized occupation of the quarter at Samastipur. The petitioner challenged the same by preferring three original applications one after another, namely, O.A. No. 709 of 2002, O.A. No. 530 of 2003, and the present O.A. No.722 of 2005. It appears that the petitioner did not realize the gravity of his misconduct. The respondent authorities have proceeded against him for making himself scarce for more than four years, did not join his new place of posting for all these years and, therefore, occupation of the Government accommodation at Samastipur became unauthorized. Realization of penal rent for unauthorized occupation of 3 Government accommodation was evidently justified. It further appears to us that the learned Tribunal has granted him relief to the extent that 25% of the penal rent has been waived. In such a situation, we do not see any cause of action for the present writ petition, burdening this Court with a most unwanted matter. The impugned order can not be faulted. In fact, we are clearly of the view that the petitioner has been let off very lightly. In spite of repeated offers to withdraw this writ petition, learned counsel for the petitioner has refused to do so. In the result, the writ petition is dismissed with costs quantified at Rs.10,000/- which the Indian Railways shall deduct in four instalments from his salary. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)