UNION OF INDIA Vs. RADHEY SHYAM

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 21.10.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in OA No. 3114/2010.

(2.) THE learned counsel for the petitioner straightway submitted that two issues arise for consideration. THE first issue being as to whether the respondent was liable to pay damage rent to the department for his alleged unauthorised occupation of the Type-III quarter No. T-28 B at Delhi Sadar which had been allotted to him in the course of his employment. THE second issue referred to by the learned counsel for the petitioner was whether the Tribunal was right in holding that the death- cum-retirement gratuity (DCRG) could not be withheld?

(3.) A show cause notice dated 20.02.2004 was issued to the respondent requiring him to show cause as to why the allotment of the said quarter should not be cancelled. Thereafter by an order dated 26.04.2004 the allotment of the said quarter was cancelled and recovery of damages was also ordered from his salary w.e.f. 09.02.2004.