Narinder Kumar vs Union Of India (Uoi) And Ors.
2002 Latest Caselaw 1465 Del

JUDGMENT

Manmohan Sarin, J.

1. Rule.

With the consent of the parties, writ petition is taken up for disposal, as only a short question is involved.

2. Petitioner, who is a Peon in UPSC, was promoted as a Lower Division Clerk in the telecom department. The Directorate of Estate issued a notice dated 8.1.2001, appearing at page 10 of the paper book, alleging that the quarter allotted to the petitioner has been sub-let or parted with possession in favor of an unauthorized person. The petitioner duly submitted his reply dated 20.2.2001, which appears at pages 11-12 of the paper book. It appears that the case against the petitioner for sub-letting was not proceeded further and no decision was taken in the matter. Petitioner, in the meanwhile, had applied for change of allotment from Quarter No. 1/3, Andrews Ganj, New Delhi to Aram Bagh, New Delhi.

Respondent/Directorate of Estates, vide its letter dated 21.8.2001, offered an accommodation of quarter No. 28-C in Aram Bagh in lieu of quarter in occupation of the petitioner. Petitioner exercised his option and accepted the same. However, when the petitioner went to take possession, the same was declined on the ground that the case for sub-letting is pending against him. In these circumstances, it appears to me that respondent ought to have taken a decision after reply from the petitioner had been received.

3. Let the respondent take a decision on the pending case of sub-letting within six weeks from today, giving the petitioner an opportunity of hearing. In the meanwhile, in case the accommodation at Aram Bagh allotted to the petitioner has not been re-allotted to anyone else, the same be not re-allotted till the disposal of case of sub-letting.

4. The writ petition is disposed of with the aforesaid directions.