R.M.Sahai, J. - (1.) By this petition a writ of certiorari is claimed against order, dated 19 July 1983, passed by the Senior Divisional Commercial Superintendent, Northen Railway, Allahabad, dismissing the petitioner from the post of travelling ticket examiner.
(2.) Admittedly, during pendency of enquiry the petitioner retired from service on 31 March 1983. The enquiry report against the petitioner was submitted on 14 July 1983, and the petitioner was dismissed on 19 July 1983. It was observed in the order that although the petitioner attained the age 58 years on 31 March 1983, and was allowed to retire on superannuation with effect from that date, but the departmental proceedings which were instituted against him when he was in service were allowed to be continued under Para. 315 of the Manual of Railway Pension Rules read with rule 2308 of the Indian Railway Establishment Code, Vol. II. The authority further observed that considering the gravity of the offence committed by the petitioner, it was decided to impose penalty of dismissal from service. He was also permitted to file an appeal under rule 18 of the Railway Servants (Discipline and Appeal) Rules, 1967.
(3.) What is claimed by the petitioner is that as he had retired, there was no power in the punishing authority to dismiss him from service. According to him. the enquiry was continued under rule 2308, which empowers the President to withhold the pension, and, therefore, the punishing authority committed an error of jurisdiction in directing dismissal from service of the petitioner. Rule 2308 reads as under : "2308. Recoveries from pension - The President reserves to himself the right to order recovery from the pension of an officer who entered service on or or after the 23 February 1939, of any amount on account of losses found in judicial or departmental proceedings to have been caused to Government by the negligence or fraud of such officer during his service.;