ARUN KUMAR JHA Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) MR . Jai Prakash, learned counsel for the petitioner, and the learned Government Advocate are present.

(2.) HEARD the learned Government Advocate. In compliance of the order dated 3.5.99, read with order dated 18.5.99. of this court, Rakesh Kumar Mishra, Superintendent of Police, Jamshedpur, is present in court. He has not filed his counter affidavit. He submits that the orders of this court could not be carried out because he was on leave and has joined on 18.5.99. He, however, gives personal undertaking to this court with respect to the following : - (i) The unauthorised and forcible occupation by the police personnel or any body else of the 82 quarters of TISCO in question shall be vacated, by force if needed, within a period of two months from today without fail; (ii) By the order dated 3.5.99, in paragraph -5, this court had directed respondent no .2 to further verify and enquire whether or not, any other quarter over and above the said 82 quarters of TISCO in or around Jamshedpur, is under unauthorised occupation of the police personnel. Let this verification be done and the eviction carried out relentlessly within the same period; (iii) Respondent no.2 informs this court that unauthorised occupation had commenced in May, 1998, and are liable to pay rent. According to him, Rs. 500/ - per month would be appropriate. Accordingly all of them shall be liable to pay rental @ Rs. 500/ - per month with effect from May, 1998 till the date of their eviction. Respondent no. 2 undertakes to have the same deducted at the earliest possible opportunity from the salaries of the police personnel and shall pass on the amount to the TISCO Administration by means of A/c. Pay cheques. (iv) Respondent no.2 further undertakes to this court that he shall initiate departmental proceedings against all the police personnel in such unauthorised occupation which shall be concluded within a period of six months from today. He further informs the court that all of them shall be placed under suspension forthwith and shall continue to be posted in Jamshedpur till such time the issues relating to eviction, the departmental proceedings, and connected matters are concluded. (v) He states that the undertakings will equally apply to all the police personnel in unauthorised occupation of the quarters over and above the 82 quarters in question.

(3.) IT goes without saying the all the unauthorised occupants, who are servants of the State Government, shall fully cooperate which respondent no.2 in conducting the departmental proceeding. If they show any sense of lack of cooperation or the least of defiance during the course of departmental proceedings, it shall be open to respondent no.2 to report it to the court for direct action by this court including initiation of contempt proceeding.