JAWAHAR PRASAD Vs. STEEL AUTHORITY INDIA LTD

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is aggrieved by the judgment dated 1.2.2007 passed in Misc. Appeal No. 36/2006 by the District Judge, Bokaro whereby order dated 4th July, 2006 passed by the learned Estate Officer Bokaro Steel City in A/E Case No. 118/2004 has been affirmed.

(2.) By the original order issued under the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 dated 7.2.2005, the petitioner was declared to be an unauthorized occupant in respect of quarter No. VIII-C/E/2320, Bokaro Steel City and on account of that damages of Rs. 1,008/- towards electricity and other charges per month w.e.f. 7.5.2004 till vacation/eviction of the said quarter and simple interest thereon @ 10% per annum was levied till its final payment.

(3.) The petitioner assailed the original order in Miscellaneous Appeal No. 7/2005 on two grounds that the notice under Section 4(1) and 7(3) of the Act of 1971 was not properly served upon him and he was denied opportunity to show-cause before the original order was passed by the Estate Officer. The second ground of assailing the impugned order was that the assessment and damages have not been done according to the Public Premises Act. However, the learned Court of Additional District Judge, F.T.C.-III, Bokaro by judgment dated 20.05.2006 dismissed the appeal upholding the order of the Estate Officer. It is the contention of the petitioner that he is an employee of B.S.L. and he was allotted quarter, in question. However, the petitioner was served with a charge-sheet on 26.2.2003 alleging that he had obtained his employment on the basis of a false and fabricated certificate. The petitioner challenged the said charge-sheet in Title Suit No. 36/2003. However, during the pendency of said Title Suit, there was no injunction granted and the respondents after conclusion of the departmental enquiry passed the order of dismissal on 7.4.2004. The impugned proceedings under the Act of 1971 in respect of the quarter were initiated before the Court of Estate Officer and the original order dated 7.2.2005 was passed in the manner indicated hereinabove. The appeal against the same has also been dismissed.