CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, RANCHI O.A. No. 051/00698/2022 Order reserved on: - 15.10.2024.

Order pronounced on: -

C O R A M HON’BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]

HON’BLE MR RAJVEER SINGH VERMA, MEMBER [J]

Suresh Prasad Rajak aged about 61 years son of Late Ram Das Rajak, resident of Samridhi Apartment, Flat No. 4A, Khatal Road, Infront of Ranibandh Talab, P. O. ISM Dhaiya, P. S. Barbada, Dist. -

Dhanbad (826004), Jharkhand . ………Applicant Versus

1. Union of India through Divisional Railway Manager, East Central Railway, Dhanbad, P. O. + P. S. - Dhanbad, Dist.-

Dhanbad.

2. Additional Divisional Railway Manager, East Central Railway, Dhanbad, P. O. + P. S. Dhanbad, Dist.- Dhanbad.

3. Sr. Divi. Personnel Officer, East Central Railway, Dhanbad, P. O. + P.S. Dhanbad, Dist.- Dhanbad.

4. Station Manager (Gaz.), East Central Railway, Dhanbad, P. O.

+ P. S. -Dhanbad, Dist.- Dhanbad.

5. Sr. Section Engineer (Works), East Central Railway, Dhanbad, P. O. + P. S. Dhanbad, Dist.- Dhanbad.

……..Respondents For Applicant:- Shri K.K. Mishra, Advocate.

For Respondents:- Sri Amit Sinha, ASC.

O R D E R PER:- RAJVEER SINGH VERMA, MEMBER [J]

1. Feeling aggrieved with the order dt. 24.02.2022 & dt. 25.03.2022 (Annexures-A-1 & A-2) passed by the respondent no. 3 & respondent no.6 respectively, the applicant filed present OA No. 698/2022 before this Tribunal for following reliefs: -

“8.1- The impugned orders vide letter no. TT/48/Misc./22, Dhanbad dated 24-02-2022 issued by Sr. Divisional Personnel Officer, East Central Railway, Dhanbad (respondent no. 3) and letter no. W/568/Damage Rent/Sr. DEN(Spl.), DHN. dated 25-03-2022 issued by the Sr. Divisional Engineer (Estate), East Central Railway, Dhanbad (respondent no. 6) whereby damage rent in the tune of Rs. 11,19,544/- has been calculated and recovered for the period from 15-12-2017 to 03-12-2021 on account of alleged unauthorized retention of railway quarter towards his retirement gratuity without following the procedure/ any show cause notice as well against the circular/rule of the allotment/ retention of railway quarters issued by Govt. of India, Ministry of Railways, Railway Board New Delhi as contained in Annexure - A/1 and A/2 respectively in the facts and circumstances of this case.

8.2- Further an order may be passed to refund the recovered/deducted amount of Rs. 11,19,544/- for the end of justice.”

2. Brief facts of the case of applicant are that he joined on 07.02.1986 under the E.C. Railway, Dhanbad to the post of Assistant Station Manager and superannuated on 31.01.2022 from the post of Station Manager, Hirodih Railway Sation. Case of the applicant is that after retirement all retiral dues were paid to him but an amount of Rs. 11,19,544/- has been deducted/recovered on account of unauthorized retention of railway quarter for the period 15.12.2017 to 03.12.2021 from the amount of retirement gratuity vide order dated 24.02.2022 (Annexure-A/1) issued by respondent no.3 and letter dated 25.03.2022 (Annexure-A/2) issued by respondent no.6 wherein details of recovery amount has been shown.

3. The case of the applicant as per this OA is that while he was posted at Sindri BH, he was allotted a railway quarter at Station Road, Rangatand, Railway Quarters Colony, Dhanbad vide letter dated 15.06.2024 (Annexure-A/3). It is stated that applicant was transferred from Sindri BH to HRE (Hirodih) on 18.10.2017 and relieved on 15.12.2017.

He retained abandoned railway quarter at Rangatand, Dhanbad till 03.12.2021 and during that period normal quarter rent, electricity charges, water charges have been deducted from the salary of the applicant. After retirement without any show cause notice, the amount of Rs.11,19,544/ has been recovered/deducted from gratuity amount of the applicant against damage panel rent. It is also stated that the Station Manager, Hirodih has issued a certificate dated 22.08.2022 stating that the applicant was not provided any railway accommodation at Hirodih Stating during his post