C T SONARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a Police Inspector of the Police Department of the State of Gujarat, filed this Special Civil Application and prayer has been made for quashing and setting aside of the order dated 7.11.1984 under which the respondent No. 2 has ordered for recovery of Rs. 36,740.45 from the salary of the petitioner at the monthly instalments of Rs. 500/-.

(2.) The facts of the case as stated by the petitioner in the petition, in brief, are that the petitioner was allotted in the year 1979, a rent free accommodation in Adarshnagar, Ahmedabad, bearing Block No. 39/464 as he was serving as Police Sub-Inspector in Ahmedabad. The petitioner was ordered to be transferred from Ahmedabad to 3 Sabarkantha District and he was relieved on 2.1.1981. The petitioner retained the possession of the premises aforesaid on the pretext that he was not allotted premises at his transferred place. In the month of October, 1981, the petitioner was allotted a rent free accommodation at Ambaliara. After the allotment of the rent free accommodation at the aforesaid place, the petitioner came to Ahmedabad and vacated the aforesaid premises which was in his possession till then. The petitioner was in a hurry and therefore he asked his brother-in-law, Shri M.S. Parmar, to hand over the key of the premises to the concerned Officer of the department, but his brother-in-law forgot to do so. The petitioner averred that, it seems that thereafter one Mr. V.J. Desai, Police Inspector, broke open the lock of the aforesaid premises and entered in possession thereof.

(3.) Under the notice dated 6.10.1982 annexure 'A', of the Director of CID, Ahmedabad, the petitioner was called upon to vacate the official quarter and to hand over its possession within seven days from the receipt thereof. It has further been stated in the notice, that in case he fails to comply with the notice accordingly legal steps to take over the possession under Sec. 31 (2) of the Bombay Police Act would be commenced against him. After the receipt of the said notice, the petitioner came to Ahmedabad and gave in writing that the premises are in possession of Shri V.J. Desai who had broken the lock of the premises and the possession of the premises may be taken from shri V.J. Desai.