SUSHIL AGGARWAL Vs. UOI

JUDGEMENT

(1.) The petitioner is aggrieved by an order dated 26th August 2008 passed by the learned Additional District Judge acting as an appellate court under Public Premises Act whereby the appeal of the petitioner against the order of Estate Officer was dismissed.

(2.) Brief facts relevant for the purpose of deciding this petition are that the petitioner is a Railway Employee and was in occupation of the Quarter No.70/A2, Railway Quarters, Motia Bagh, Railway Colony, Delhi. He was transferred from Delhi to Rohtak and was directed to vacate the quarter within 15 days; failing which to pay damages @ Rs. 7905 per month with effect 30th December 2005. The appellant, however, did not vacate the Quarter. His allotment of quarter was cancelled. A show cause notice was issued to the petitioner and the matter was referred to the Estate Officer. The Estate Officer after giving opportunity to the petitioner herein passed an order under Public Premises (Eviction of Unauthorized Occupants) Act and directed the eviction of the quarter and payment of penalty. Against this order, the petitioner preferred an appeal which was dismissed by the impugned order.

(3.) The sole contention of the petitioner before this Court is that the Estate Officer had no jurisdiction to pass an order and the matter was governed by Section 138 of the Railways Act, 1890 and thereafter by Section 190 of the Railways Act, 1989. Section 190 of the Railways Act reads as under: