COMMODORE HARISH CHANDRA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a retired Commodore from Indian Navy, has filed this petition under Article 226 of the Constitution of India challenging the orders dated 22.8.1994, 13.9.1994, and 28.9.1994. By these orders, he was called upon to pay the amount of Rs.1,29,897.00 towards retention of Government accommodation for the period from 1.3.1989 to 12.5.1991, in continuation of the retention bill received by him in September, 1991.

(2.) THE petitioner came to be transferred from Bombay to Bangalore on 6.9.1987 and he was permitted by the competent authority of respondent no.3 to retain the Government accommodation for the period from 6.9.1987 to 30.6.1988 on account of children's education at Bombay. He was again transferred from Bangalore to Okha on 13.5.1988. Okha being a non-family station, at the request of the petitioner, he was allowed to retain the accommodation in Bombay till 12.5.1989 as per the orders passed by Respondent No.3. It appears that on 1.3.1989 Okha became a family station.

(3.) AFFIDAVIT -in-reply filed on behalf of Respondent Nos.2 and 3 states that the Local Audit Authorities at Bombay had objected to the sanction given by Local Naval Authorities at Bombay for the period from 1.3.1989 to 12.5.1991 i.e. from the date Okha became a family station to the date the petitioner was transferred back to Bombay and asked the Local Naval Authorities to get government sanction to regularise the said period.