UNION OF INDIA Vs. PRAVAT KUMAR DAS

JUDGEMENT

(1.) This writ application is directed against a judgment and order dated 8.3.99 passed by a learned Member of the Central Administrative Tribunal in O.A. No. 492 of 1996 whereby and whereunder the application filed by the respondent No. 1 herein for quashing an order dated 14.2.96 directing recovery of the amount of damages assessed by the Estate Officer from the terminal benefits of the respondent No. 1.

(2.) Mr. Ghosh, learned Counsel appearing on behalf of the petitioner, inter alia, submitted that the arrears of damages/licence fees (sic) recoverable from the respondent inasmuch as although he pursuant to the order passed by the Estate Officer vacated the quarter but did not pay the damages for his unauthorised occupation. It was submitted that the learned tribunal has no jurisdiction to entertain a matter which involves quantification of damages in terms of the provisions of the Public Premises (Eviction of the Unauthorised Occupants) Act, 1971 and in support of the said contention reliance has been placed on a judgment of this Court dated 6.3.2000 in Union of India Vs. Bhim Chandra Pal.

(3.) Mr. Banerjee, learned counsel appearing on behalf of the respondent No. 1, however, submitted that in the instant case the letter dated 14th Feb., 1998 issued by the Chief Accountant to the Manager, State Bank of India, was wholly illegal. The learned counsel submitted that section 14 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 lays down a specific procedure as regards recovery of such damages and any procedure adopted by the authorities contrary thereto would be unauthorised and without jurisdiction.