SURESH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner in both the cases and learned counsels for the State. Both the writ applications raise similar issues with respect to illegality and invalidity of the certificate proceedings and the orders passed by the District Certificate Officer-cum-Sub-Divisional Officer, Saharsa in Certificate Case Nos. 1/2004 and 2/2003 by the separate orders dated 28.10.2004 by which he has directed the petitioner to deposit Rs. 15,215/- as market-cum-penal rent for his overstay in the quarter allotted to him with interest in the first case and an amount of Rs. 13,217/-for damages caused to the quarter allotted to the petitioner, and the petitioner further seeks quashing of the appellate orders dated 24.3.2006/8.4.2006 passed by the Collector, Saharsa in two appeals being Certificate Appeal Nos. 9/2004-05 and 10/2004-05 dismissing the appeals as also the orders dated 13.5.2006 passed by the Commissioner, Koshi Division, Saharsa in Revision Case Nos. 5/2006-07 and 6/2006-07 dismissing the revisions.

(2.) The petitioner was a Government servant who at the time of his retirement was working as Senior Personal Assistant to Commissioner, Koshi Division, Saharsa. In the year 1969 he was allotted quarter No. 20/B and he retired from his service while still in occupation of the said quarter on 31.7.2001 but claims that on account of illness of his wife he remained in the said quarter until the first week of April, 2002. The petitioner claims to have been regularly paying the monthly rental of the official quarter which was Rs. 22/- per month as fixed by the competent authority. After his retirement and post vacation of the quarter by him from 21.5.2002 the District Magistrate, Saharsa directed charging of market-cum-penal rent and the amount due against the retired/transferred employees who had not vacated the quarter allotted to them, was to be recovered by the Treasury Officer/Drawing and Disbursing Officer in one lump sum from their pension/salary. As shown in the said order, with respect to the petitioner the amount was Rs. 2,310/-. Subsequently, another order dated 27.7.2002 was passed in which the rental of the petitioner was shown as Rs. 98/-and the penal amount was accordingly fixed as Rs. 13,230/-. The petitioner also refers to another letter dated 29.7.2002 of the Executive Engineer, Building Construction Division, Saharsa in which the sum of Rs. 2,310/- has been shown as due against the petitioner. Thereafter, the Executive Engineer filed a requisition before the Certificate Officer-cum-Sub-Divisional Officer, Saharsa for recovery of Rs. 15,215/- being the penal rent for the period from 1.8.2001 to 1.4.2002 along with interest.

(3.) After vacation of the quarter by the petitioner, the same was allotted to another employee, namely, Gajendra Kumar Singh who filed an application for repair of quarter upon which an inspection was made and an estimate for repair of damages was prepared by the Assistant Engineer/Sub-Divisional Officer, Building Construction Division, Saharsa and Junior Engineer of the Department in the presence of the new allottee Gajendra Kumar Singh and repair to the tune of Rs. 11,493/-was reported by the Executive Engineer to the Collector and by letter dated 17.7.2002 the Additional Collector, Establishment, Saharsa directed the petitioner to deposit Rs. 11,493/- towards damage of the said premises. The petitioner on receipt of the said letter replied that since the allotment of the quarter to him, despite repeated requests made by him to the Executive Engineer/Assistant Engineer, no repairs were made and as a matter of fact, from time to time the petitioner on his own expenses had made various repairs and whatever so-called damages had been reported by the Engineers of the Building Construction Division, are solely on account of the long standing non-repair of the building for the period of 32 years in his occupation and no damages have been caused on account of the petitioner and thus no such amount ought to be recovered from him. However, a requisition was subsequently sent by the Executive Engineer, Building Construction Division, Saharsa to the District Certificate Officer, Saharsa-cum-Sub-Divisional Officer, Saharsa upon which Certificate Case No. 2/2003 was initiated for an amount of Rs. 13,217/- for damages and interest.