CIVIL WRIT JURISDICTION CASE No.2068 OF 2006 (In the matter of an application Under Article 226 of the Constitution of India) ****** Surendra Prasad S/o late Soti Mandal, R/o Mohalla-Bari Ashokpur, P.S.- Jamalpur, Distt.-Jamalpur, Distt. Munger. ---------Petitioner Versus 1. The Union of India through General Manager Eastern Railway, 17th Subhash Chandra Road Fairly palace, Kolkatta. 2. The Chief Personal Officer Eastern Railway 17- Subhash Chandra Road, Fairly Palace, Kolkatta. 3. The Divisional Railway Manager, Eastern Railway Maldah (W.B.) 4. The Loco Foreman Eastern Railway Jamalpur. 5. The Hon’ble Member ‘A’ Central Administrative Tribunal, Patna Bench, Patna, through its Registrar. -------Respondents ****** For the Petitioner : Mr. Chandrashekhar Prasad Singh, Advocate. For the Respondents : Mr. Anil Singh, Advocate. P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL ****** S.K.Katriar & K.K.Mandal, J.J., This writ petition is directed against the order dated 30.04.2002,( Annexure-4), passed by the Central Administrative Tribunal, Patna Bench, in O.A. No. 447 of 1996, whereby the original application preferred by the present writ petitioner has been substantially rejected. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears that the petitioner was in the services of the Indian Railways, and superannuated w.e.f. 30.09.1995. While in service, he had been allotted Railway accommodation which he did not 2 vacate within the time allowed after retirement. He instead surreptitiously handed over possession of the same to a third person who continued to be in unauthorized possession till 30.04.2002. The Railway authorities, therefore, took steps to realize penal rent and damages for the period he had illegally kept the railways out of possession of the accommodation after his superannuation. Consequently the penal rent and damages have been realized from the amount of gratuity admissible to him. 79 sets of his railway passes have also been withheld. We do not find fault with the order of the authorities. There is no merit in this writ petition. It is accordingly dismissed. Patna High Court, Dated the 16th April,2010 Sym/NAFR (S.K.Katriar,J.) ( Kishore K. Mandal, J.)