GITABEN S THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr.P.H.Pathak, learned counsel for the petitioner and Mr.B.N.Doctor, learned counsel for the respondents are heard. The petitioner, being aggrieved by the judgment dated 10.1.2000 passed in Original Application No.680 of 1993 by the Central Administrative Tribunal, Ahmedabad Bench rejecting the application submitted by the present petitioner, is before this Court.

(2.) The facts necessary for disposal of the present writ application are that the present petitioner joined the service somewhere in the year 1973 and married to one Mr.Thakur somewhere in the year 1977. Mr.Thakur in the year 1977 was already allotted the Government quarter. According to the petitioner, the husband continued to occupy the premises upto 1988 and thereafter vacated the same which persuaded the petitioner to claim HRA from the department, she received the same upto 1993, but on the complaint made by the husband, the department stopped payment of HRA and directed recovery of the amount already paid to her. Being aggrieved by the said order passed by the department, the petitioner took up the matter before the Central Administrative Tribunal in Original Application No.472 of 1993 which was disposed of on 15.9.1993 with a direction to the respondent establishment that before passing any order which has adverse civil consequence and was adversely affecting the right of the petitioner, an inquiry ought to have been made.

(3.) The department, thereafter, made certain inquiries into the matter, according to the petitioner, the inquiry was not full-fledged and was an eye-wash. After conclusion of the inquiry, the department reiterated its stand and maintained its earlier order. Being aggrieved by the inquiry report and the direction of the department, the petitioner again came to the Central Administrative Tribunal in Original Application No.680 of 1993 which has been dismissed on 10.1.2000, being aggrieved by the said rejection, the petitioner is again before this Court.