SHANKAR LAL Vs. ASSISTANT COMMISSIONER (L&E) & ORS.

JUDGEMENT

(1.) THIS intra -court appeal impugns the order dated 28th May, 2012 of dismissal of W.P.(C) No. 3309/2012 preferred by the appellant, with liberty to the appellant to seek his remedies, as may be available on the civil side. The appellant is employed as an Assistant Engineer with the respondent Delhi Jal Board (DJB) and by virtue of his employment has been allotted Quarter NO. G -8/II, Okhla water works, New Delhi, it appears that the appellant and certain other allottees of other quarters had carried out unauthorized additions/alterations in their respective quarters and in which regard in or about the year 2004 notices were issued directing them to remove the unauthorized additions/alterations. The replies received to the said notices were perused and while some of the notices were closed, action against others proceeded with. As far as the appellant is concerned, he did not give any reply to the notice and a decision was taken to give him another opportunity to give reply failing which his quarter be cancelled. The appellant then submitted a reply pleading that the unauthorized addition/alteration in the form of coverage of varandah and construction of a temporary AC sheet shed in the quarter existed since prior to the allotment in his favour, it however further appears that in subsequent inspection on 10th October, 2006 it was reported that the unauthorized additions/alterations had been removed by the appellant. However in the year 2008 a complaint was received by the respondent DJB of the unauthorized additions/alterations still existing and an inspection carried out in pursuance thereto also confirmed the same. In the circumstances proceedings were initiated for cancellation of the allotment of the quarter allotted to the appellant and recovery of damage charges w.e.f. the date of cancellation to the date of vacation of the quarter.

(2.) THE appellant appealed against the aforesaid decision and a fresh inspection of 9th January, 2009 revealed the unauthorized addition/alteration to have been removed. Accordingly the allotment of the quarter in favour of the appellant was restored subject to the appellant depositing damage charges amounting to Rs. 43,676/ - for the period w.e.f. 23rd July, 2008 to 31st December, 2008.

(3.) UPON representation from the appellant, the damage charges were reduced to Rs. 17,139/ - The damage charges of Rs. 17,139/ - were deducted from the salary of the appellant. The appellant protested that the damage could not have been levied except by the order of the Estate Officer and which proceedings stood withdrawn; he accordingly sought refund.