SRISHTI PANDEY Vs. IDBI BANK LTD

JUDGEMENT

(1.) THE petitioner impugns an order dated 13.01.2014 passed in appeal by the District and Sessions Judge under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereafter the 'Act').

(2.) THE petitioner was allotted a residential unit being flat no. 352 -D, Pocket -2, Mayur Vihar Phase -I, New Delhi -110091 (hereinafter referred to as the 'said premises') by virtue of being an employee of Industrial Development Bank of India (arrayed as respondent no.2.) The petitioner was removed from the services pursuant to the disciplinary action taken against her for alleged misuse of the said premises and for being unauthorisedly absent from service. After the removal of the petitioner from services, a Show Cause Notice was issued on 25.11.2013 calling upon the petitioner to show cause why she should not be evicted from the said premises. Subsequently, on 12.12.2013, the Estate Officer passed an order under Section 5 of the Act for eviction of the petitioner from the said premises as the petitioner was an unauthorized occupant.

(3.) ACCORDING to the petitioner, the said eviction order dated 12.12.2013 was without jurisdiction as it is contended that the Estate Officer in question had not been appointed in accordance with law. The notification for appointment of the Estate Officer had been issued on 24.07.1980 and at the material time Industrial Development Bank of India was a statutory corporation. Subsequently, the Industrial Development Bank of India Act, 1964, the statute under which the Industrial Development Bank of India was established, was repealed by virtue of Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003 and the undertaking of Industrial Development Bank of India stood vested with Industrial Development Bank of India Ltd.; an entity registered under the Companies Act, 1956. Thereafter, Industrial Development Bank of India Ltd. merged with IDBI Bank Ltd. According to the petitioner, the notification for appointment of the Estate Officer issued on 24.07.1980 would not continue to hold good in view of the aforesaid subsequent changes.