BABU LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 14/5/2003, 22/5/2003 and 21/10/2003 whereby respondent has ordered to recover penal rent of Rs.61,372.00 and further imposed punishment of forfeiture of one increment with permanent effect.

(2.) Learned counsel representing the petitioner submits that petitioner was allotted Quarter No.133 in Police Line, Faridabad. He was neither transferred nor retired still was asked to vacate his Quarter on the ground that behaviour of his children is bad. His children were school-going, thus, it was difficult to vacate accommodation in September being mid-term of school-going children. The respondent without issuing show cause notice and granting opportunity of hearing imposed penal rent of Rs.61,372.00 which was later on recovered. The petitioner, at this stage, does not dispute levy of penal rent, however, it was unjustified to impose punishment of forfeiture of one increment with permanent effect.

(3.) Per contra, learned State counsel submits that respondent conducted regular inquiry and found petitioner guilty of disobeying orders of Superintendent of Police (SP). He did not vacate Quarter, thus, was liable to punishment.