LAWS(PAT)-2002-8-22

UNION OF INDIA Vs. MANNU CHOUDHURY

Decided On August 01, 2002
UNION OF INDIA Appellant
V/S
MANNU CHOUDHARY Respondents

JUDGEMENT

(1.) OFFSHOOT of the proceeding has been up to the Supreme Court. The phenomenon noticed by the Supreme Court is very serious not unknown in administration that some times employees whether State Government or the Govemment of India take law into their hands and occupy Government accommodation and then make an issue out of it by intimidating the administration. This matter is about unauthorised occupation of accommodation by an employees of the railway administration. Such occupation generate local politics and \misplaced trade unionism which affects discipline within the administration. This is one such case.

(2.) THE respondent admittedly occupied the railway accommodation unauthorisedly. THEreafter, he sought regularisation occupying the accommodation first and seeking an allotment subsequently. THE question was whether respondent had occupied the accommodation unauthorisedly and consequently tapped electricity from an official bungalow unauthorisedly also become an issue. If the answer to the first issue was in the affirmative, the second issue would not arise.

(3.) IT is difficult for the Court to ignore the order of the Supreme Court when the very concept of allotment of Government accommodation has been taken seriously sc that it is not occupied unauthorisedly. All over the nation, whether within the State or Central Government, allotment of bungalows are to be made by the administration as a licence to occupy the accommodation. The occupation of outhouses cannot go beyond the license. Otherwise, it would be difficult to run the administration of Government estates particularly those with the railways.