SATYAPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Delay condoned. We find no ground to interfere with final order dismissing the writ petition. But the direction to the writ petitioner to pay exemplary costs of Rs.50,000/- to the High Court Legal Services Committee, deserves to be addressed.

(2.) The petitioner, an employee of the Government Ordnance Factory, Muradnagar, Ghaziabad (UP), was transferred to Dehradun on 6.10.1998. As he did not vacate the residential quarters at Muradnagar, the Estate Officer by order dated 15.6.2000, directed him to vacate the quarters. The petitioner filed an appeal against the order of eviction. On 1.7.2000, the Appellate authority (District Judge, Ghaziabad) admitted the appeal, noting that there were 'arguable points in the appeal' and granted interim stay in regard to order of eviction, pending disposal of the appeal. The appeal was pending for several years and was finally heard and dismissed on 21.4.2009. The petitioner challenged the order of the appellate authority by filing a writ petition on 28.4.2009. The High Court, on preliminary hearing, dismissed the writ petition by the impugned order dated 22.5.2009, holding that the petitioner was under a legal obligation to hand over the possession of the quarters on transfer and having failed to do so, the order of eviction was justified. The High Court also felt that the conduct of the petitioner in retaining the accommodation for 10 years amounted to indiscipline and that cannot be tolerated and he should therefore be 'saddled with exemplary costs'. The operative portion of the order of the High Court levying exemplary costs is extracted below :

(3.) The petitioner sought leave to challenge the order of the High Court both in regard to upholding of the eviction and levy of exemplary costs. But when the matter came up today, the learned counsel for the petitioner stated that the petitioner vacated the residential quarters on 19.5.2009 and his only grievance was in regard to award of Rs.50,000/- as costs.