INSPECTOR AJAYBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the writ petition is for quashing order Annexure P/6 dated 08.04.2016 passed by respondent No.3 directing respondent No.5 to effect recovery of Rs. 2,97,868/- as penal rent @ 300 times the normal rent from the petitioner on account of retaining allotted government accommodation from 20.12.2015 to 31.03.2016 as also for quashing of administrative instructions Annexure P/8 dated 18.06.2012 on grounds of the same being contrary to Rule 5.23 Part I, Vol. I of the Punjab Civil Services Rules (as applicable to the State of Haryana) (hereinafter referred to as 'the Rules'). 2. Brief facts of the case leading to the filing of the writ petition are that while posted in the Haryana Police at Gurgaon, the petitioner vide order Annexure P/1 dated 01.02.2013 was allotted quarter No.602, Tower-K, Police Line, Gurgaon. On promotion as Inspector, vide order Annexure P/2 dated 16.08.2015, the petitioner was transferred to Palwal but on account of the petitioner having two sons studying in Class 6 and Class 8 respectively in Shalom Hills International School, Sushant Lol-I, Gurgaon, it was difficult for the [2] petitioner to shift his sons school mid-session, therefore, the petitioner submitted representation, Annexure P/4 dated 28.10.2015 to respondent No.3 requesting for permission to retain quarter No.602, Tower-K, Police Line, Gurgaon till the end of the academic session of his children. However, the petitioner did not receive any response to the representation, Annexure P/4 dated 28.10.2015. Subsequently, vide Order Annexure P/5 dated 04.04.2016 passed by respondent No. 2, the petitioner was transferred from Palwal to Gurgaon whereupon the petitioner submitted his joining report at Gurgaon on 18.04.2016. 3. That in the meantime, respondent No.3 without affording any opportunity of hearing or even issuing show cause notice, passed order, Annexure P/6 dated 08.04.2016 directing respondent No.5 to effect recovery of Rs. 2,97,868/- as penal rent i.e. @ 300 times the normal rent from the petitioner on the basis of administrative instructions Annexure P/8 dated 18.06.2012. 4. That order Annexure P/6 dated 08.04.2016, was served upon the petitioner on 18.04.2016, where after a sum of Rs. 18,000/- was recovered from his salary vide Annexure P/7 in April, 2016.