V K CHATURVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) CONSCIOUS of the fact that exercising jurisdiction under Article 226 of the Constitution of India and having at our back the moto `Satyamev Jayate' and that it is only the Supreme Court of India which exercises jurisdiction under Article 142 of the Constitution of India and at the back has the moto `Yato Dharmastato Jayah', i.e., we sit under the jurisdiction of upholding the law and the Supreme Court sits under the jurisdiction of doing complete justice, we are passing the present order, which would be a hybrid of upholding the law and at the same time doing justice. The hybrid is necessitated to bring an end to a litigation between the parties which commenced in the year 1993 i.e. 1 decade and 8 years back.

(2.) THE petitioner was an employee of the Railway Protection Force and rose to the rank of Inspector, till he superannuated in the month of July 2005.

(3.) PETITIONER did not surrender the railway quarter licensed to him at Delhi even after joining duties at Ambala Cantonment, and for which the Commandant of the Unit concerned, directed recovery to be made from the salary of the petitioner in sum of `26,510/- for the period 16.6.1993 till 11.01.1994; and needless to state, the recoveries were premised on petitioner's status to be that of an unauthorized occupant and monthly damages being recovered at the penal rates specified.