STATE OF KARNATAKA Vs. YASEEN

JUDGEMENT

(1.) This appeal is preferred against the order of the Learned Single Judge dated August 31, 1981 made in Writ Petition No. 19631 of 1980.

(2.) The respondent was a Sub-Inspector of Police attached to a Police Station in the City of Bangalore. He was in occupation of an official quarters for residential purposes. He was promoted as Inspector and transferred to C.O.D. (Corps of Detectives) Bangalore. Upon transfer he did not vacate the quarters under his occupation. Appellants therefore levied penal rent or penal licence fee under Rule 26 of the K.C.S. Rs. The respondent challenged the validity of the levy of penal rent before this Court contending inter alia, that it was illegal and un-authorised. The Learned Single Judge has accepted the plea of the respondent on two grounds ; Firstly, it was held that the authorities before levying penal rent must form an opinion that the officer is not entitled to allotment of official quarters in the post to which he is transferred. Secondly, it was held that the order levying penal rent has got civil consequences and therefore it could not have been made without giving an opportunity to make representation against the proposed action. On both these grounds the Learned Single Judge quashed the demand of penal rent with liberty to the Appellants to pass a fresh order after giving notice to the respondent. The State being aggrieved by the order of the Learned Single Judge has preferred this appeal.

(3.) In our opinion the first reason given by the Learned Single Judge is well founded and must be accepted as correct Rule 26 of the K.C.S. Rs. as amended with effect from April 3, 1975 reads :