UNION OF INDIA Vs. JAGDISH SARAN

JUDGEMENT

(1.) The present writ petition is directed against the order of the Tribunal dated 25th August, 2003 in OA No.180/2003. By the impugned order learned Tribunal has held that the respondent herein was not liable to pay damages of Rs.38,596/- on account of his occupation of D- II Type flat in Kaka Nagar, New Delhi and accordingly, the aforesaid amount deposited by the respondent herein be refunded by the petitioner-Union of India.

(2.) Misuse of discretionary power relating to the allotment of accommodation to government employees was examined by the Supreme Court in the case of Shiv Sagar Tiwari vs. Union of India reported in (1997) 1 SCC 444. It was found that allotments under the discretionary quota had shot up to 70% of the total number of allotments and these were being routinely made. The Supreme Court held that absolute discretion is a ruthless master and it is more destructive of freedom than any of the man's other inventions and thereafter deemed it appropriate to issue several directions. One of the directions issued by the Supreme court is reproduced below:-

(3.) Consequent to the above direction passed by the Supreme Court, Union of India raised a demand of Rs.38,596/- from the Dr. Jagdish Saran-respondent herein towards damages for occupying flat No.D-II/64, Kaka Nagar, New Delhi as he was also one of the out of turn allottees. This demand was paid by the petitioner on 15th July, 1997. However, later on the respondent herein filed OA No.180/2003 before the learned Central Administration Tribunal for refund of the said amount.