C.RAJKUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The impugned order of recovery dated 17.05.2014 and the subsequent order of rejection, dated 25.09.2014, passed by the respondent, are under challenge in the present writ petition.

(2.) The writ petitioner was appointed as Grade-II Police Constable and thereafter, promoted as Grade-I Police Constable in the year 2007. He was promoted as Head Constable in the year 2012. The father of the writ petitioner was also served as a Head Constable and allotted with a Police Quarters, which was later on occupied by the writ petitioner from the year 2008. The allotted Police quarters number is E67, Police Quarters, Bharathi Nagar, Tirunelveli. The writ petitioner was transferred from Tirunelveli to Krishnagiri during the month of December, 2010. In view of the fact that the children of the writ petitioner were studying at Tirunelveli, the writ petitioner retained his family at Tirunelveli and he was staying in Krishnagiri and after submitting a request application, he was re-transferred to Tirunelveli. The writ petitioner states that he had not availed any other Police quarters in Krishnagiri nor claimed any house rent allowance from the Government. Therefore, the recovery of penal rent imposed for the overstayal is to be set aside.

(3.) The learned counsel appearing for the writ petitioner states that the impugned order of recovery was passed without giving any notice or opportunity. Therefore, the impugned order of recovery is in violation of natural justice.