JUDGMENT :

B.K. Patel, J. - Petitioner was working as Inspector (Ministerial) in different Units of the Central Industrial Security Force (C.I.S.F.). During his posting with C.I.S.P. Unit, RSP Rourkela the Petitioner had been provided with rent free family accommodation. While posting the Petitioner out from Rourkela w.e.f. 1.7.1994, he was permitted to retain accommodation till 30.4.1996. Petitioner was posted at C.I.S.F. Units at Kolkatta, Patna and OTHPP Obra till, pursuant to order under Annexure-1 passed in a Departmental Proceeding awarding the Petitioner with the penalty of compulsory retirement from service with full pensionary benefits admissible under CCS (Pension) Rules, 1972, he was retired from service w.e.f. 29.7.2001. In the said proceeding, Petitioner was found guilty of all the six charges out of which charge No. 3 related to unauthorized occupation of and non-payment of penal rent and electricity charges for the accommodation at Rourkela. Finding of the Disciplinary Authority with regard to charge No. 3 reads:

With regard to Article of charge No. 3, the charged member was permitted to retain the Government accommodation at RSP Rourkela up to 30.4.1996 in spite of di