VINOD BIHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY filing this petition the petitioner has prayed for quashing and setting aside the order dated 1.12.2001 issued by the respondents directing for recovery of an amount of Rs. 37,775/- from the petitioner's account, which is sought to be recovered as damages for alleged unauthorised occupation of official accommodation

(2.) THE petitioner was held on the posted strength of Central Civil Servicing Development Organisation, Subroto Park, New Delhi with effect from 14.8.1995 and was brought within the authorised married establishment category for the purposes of allotment of government accommodation from the aforesaid date. In June 2000, he was informed about the completion of five years of stay in Station Married Quarter (SMQ) by him and was instructed to vacate the SMQ on or before the due date i.e. 14.8.2000 as per Air Headquarter letter dated 30.9.1999. By the aforesaid circular dated 30.9.1999, it was communicated that the period of occupation of allotted quarter would be regulated under the provisions of para 29 of the AFO 6/95. Relevant portion of paragraph 29 reads as follows:

(3.) DESPITE the aforesaid communications issued to the petitioner and received by him, the petitioner did not vacate the official accommodation on the due date i.e. on 14.8.2000. Therefore, after waiting for about 30 days a show cause notice was issued to the petitioner on 15.9.2000 under Appendix 'A' to sub-section (3) of Section 7 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The petitioner was directed to submit his reply on or before 26.9.2000.