ARUN KUMAR SINGH Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) The sole petitioner has preferred this writ petition for an appropriate direction to the respondents to prevent his forcible dispossession from Quarter No. 11/61 in Jagjeevan Nagar, Dhanbad, which has been validly allotted to the petitioner for residential purposes.

(2.) According to the petitioner, his father had taken premature retirement on health grounds and the petitioner was appointed on compassionate ground by respondent No. 1 in place of his father. The petitioner's father was in occupation of the aforesaid quarter, and was allotted out of turn to the petitioner by order dated 31 -3 -93 (Annexure -2), Thereafter, the respondents took a policy decision to evict all the wards of the erstwhile employees who had been allotted quarters out of turn. Pursuant to such a policy decision, the respondent -authorities sent a notice to the petitioner by their letter dated 19 -12 -95 (Annexure -4) for his eviction from the said quarter. The petitioner submitted his representation dated 22 -12 -95, against the said order of eviction. However, the petitioner continued in occupation of the said quarter. On account of his failure to vacate the quarter, the petitioner was subjected to disciplinary proceeding and was served with a charge -sheet dated 1/4 -3 -96 (Annexure -6). The Inquiry Officer submitted his report dated 25 -12 -96 (Annexure -9), which seems to exonerate the petitioner the action whereupon is pending with the disciplinary authority.

(3.) On these facts, the petitioner submitted that he is surely a regular allottee of the quarter in question and, therefore, cannot be forcibly evicted. The petitioner has no objection of his being evicted in accordance with the prescribed procedure.