A A MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, the petitioner who is a Government servant, has challenged an order dated 31.7.95 passed by the Competent Authority as upheld by the appellate order dated 7.1.97 passed by the Assistant Judge, Jamnagar in Civil Appeal No.121/95.

(2.) The petitioner, as a Government servant, was allotted a Government quarter at Jamnagar where he was employed. On the allegation that the petitioner had instead of occupying the quarter himself sublet the same, proceedings were initiated against him for vacating the quarter as well for recovery of penal rent. The Competent Authority under the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972, after hearing the petitioner passed the impugned order dated 31.7.1995. By the said order, the Competent Authority directed the petitioner to pay market rent of Rs.800/- per month from 27.1.92 till he vacates the quarter. He was also directed to vacate the quarter within 30 days.

(3.) The appeal filed by the petitioner before the District Judge, Jamnagar was also rejected. In the appellate order, it is observed that the allegation that the petitioner had sub-let the official quarter is established. Statement of one Kokilaben who was occupying the said quarter was also recorded. The petitioner had also admitted that he was not occupying the quarter on account of the pregnancy of his wife. The Court, however, did not accept the said explanation of the petitioner noting that the period during which the petitioner was alleged to have sublet the quarter did not coincide with the evidence of pregnancy of his wife. Considering all these aspects of the matter, the District Court, rejected the appeal of the petitioner.