S C BANSAL Vs. SUBHASH KASHYAP

JUDGEMENT

(1.) This revision petition Under-Section 25-B(8) of the Delhi Rent Control Act (hereinafter referred to as the Act) is directed against the judgment and order of the Rent Controller, Delhi dated 1-6-1989 whereby the application for leave to defend filed by the petitioners was dismissed.

(2.) The respondent let out the first floor premises of property No. D-298 Sarvodya Enclave, New Delhi to petitioner No. 1 for the residence of petitioner no. 2 The respondent who was working as Secretary General, Lok Sabha filed a petition for eviction under Section 14-C read with Section 25-B of the Act for eviction of the petitioners on the ground that he requires the premises for his own residence after- his retremeat in May 1989. Summons of this petition were duly served on the petitioners, and in response to the same, the petitioners filed two separate applications for leave to "defend. The appilcation tor leave to defend was supported by two separate affidavits of the two petitioners. The petitioners sought leave to defend on the following two grounds.

(3.) That the respondent being the Secretary General. Lok Sabha is not an employee of the Central Government and thus is not entitled to invoke Section 14-C of the Act. It was contended that the LokSabha Secretariat enjoys an independent and, autonomous status under the Constitution of India and is independent of the Central Government both administratively .and financially. Article 98(1) of the Constitution provides for aseparate secretariat staff for both Houses of Parliament. The conditions of 'service of the officers and staff of the secretariat is governed by Lok Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1955. The appointment to various posts in the Secretariat, the conduct and discipline and control of officers is vested with the Speaker which indicates that independent position- has been given to the secretariat to ensure that the secretariat of the Lok Sabha performs its duties without fear or favour of the executive government. . It was thus submitted that the pre-condition for application of Section 14-C of the Act not being satisfied, the resipondents not entitled to get summary eviction of the petitioners.