LAKHANLAL RAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) In this revision filed under section 115 of the Code of Civil Procedure, applicant has called in question the legality and validity of the order dated 27-9-2004 passed in Civil Appeal No. 26-A/2004 by which Additional District Judge, Khurai, District Sagar has upheld the order dated 26-2-2004 passed by the Estate Officer in proceedings under section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, hereinafter referred to as the Act" for sake of brevity,

(2.) Applicant is retired Station Master, who superannuated on 31-3-1985. While the applicant was posted at Bina, he was allotted a Railway Quarter. As per the version of the applicant, on his transfer to another Railway Station namely Baad, he vacated the quarter on 28-4-1982. After a period of 19 years from the date of applicant's superannuation, Senior Divisional Personnel Officer, Jhansi issued a direction on 30-8-2001 to the Manager, State Bank of India, Bina to recover an amount of Rs. 2,24,879/- from the dearness allowance of the applicant, as damages on account of illegal occupation-of the quarter from 1-4-1985 to 29-6-1997 by the applicant. Aforesaid order formed subject-matter of challenge in Original Application No. 656/01 before the Central Administrative Tribunal. Central Administrative Tribunal by order dated 5-3-2003 issued a direction to appropriate authority to refer the dispute to Estate Officer and to proceed with the matter in accordance with section 7 of the Act.

(3.) Accordingly, proceedings were initiated against the applicant under section 7 of the Act and a show-cause notice dated 22nd May, 2003 was issued to the applicant by which he was asked to deposit a sum of Rs. 2,24,879/- as damages for illegal occupation of the quarter. The applicant filed reply to the aforesaid show-cause notice in which it was pointed out that he had vacated the premises on 28-4-1992, on his transfer and proceedings initiated against him were barred by time.