GODHAN SINGH BAGHEL Vs. STATE OF M P

JUDGEMENT

(1.) Heard. Order-dated 17.10.2013 passed by Collector, Seoni is being assailed vide this petition under Article 226 of the Constitution of India; whereby, an appeal filed by the petitioner under Section 9 of the M.P. Lok Parisar (Bedakhali) Adhiniyam, 1974 (hereinafter referred as to 'Adhiniyam, 1974') has been dismissed.

(2.) The appeal as apparent from the impugned order was directed against order-dated 5.9.2013 passed by Sub-Divisional Officer as competent authority, directing the petitioner to vacate government premises. The petitioner is a retired Assistant Grade I having retired on attaining the age of superannuation on 31.1.2012. Even after his retirement, the petitioner continued to occupy the government accommodation, which led the competent authority to initiate action under the Adhiniyam, 1974. That, notice under Section 4(1) of Adhiniyam, 1974 was issued on 24.6.2013. Petitioner contested the notice on the ground that he has no alternative accommodation and his General Provident Fund has not been settled & 10% gratuity has been withheld.

(3.) That, the competent authority passed an order-dated 5.9.2013 directing the petitioner to vacate the premises and hand over the vacant possession within a period of three days, failing which he will be forcefully evicted.