JUDGMENT

YOGESHWAR DAYAL, J.—Heard. Special leave granted. With the consent of learned counsel for the parties the appeal itself is being disposed of.

2. The brief facts leading to this appeal are as below.

3. The respondent joined Indian Railway Stores Service as Class I Officer on June 12, 1953. He was promoted to the senior scale as District Controller of Stores in 1974, as Additional Controller of Stores in 1980 and as Controller of Stores in 1982.

4. At the relevant time the respondent was posted as Controller of Stores, Metro Railway, Calcutta. A major penalty charge-sheet dated December 5, 1989 was served on the respondent on the charge of finalisation of a tender case of 1983. Another major penalty charge-sheet was served on the respondent on April 23, 1990 on the charge of construction of a residential house at Salt Lake, Calcutta during 1981-87 at high cost.

5. The respondent was issued the impugned order dated April 24, 1990 by the Joint Secretary (E), Railway Board, on behalf of the President, by which the respondent was compulsorily retired. The said order could be served on the respondent only on January 28, 1991 in view of certain court proceedings initiated by him. Feel