Delhi High Court
Sk Sood vs Central Public Works Dept & Anr. on 15 February, 2011
Author: Dipak Misra,Chief Justice
207.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 158/2011
SK SOOD ..... Appellant
Through Mr. Sandeep Sethi, Sr.
Advocate with Mr. Rajesh Yadav,
Advocate.
versus
CENTRAL PUBLIC WORKS DEPT & ANR... Respondents
Through Mr. B.V. Niren, CGSC for UOI.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 15.02.2011
CM No. 3159/2011
Exemption application is allowed, subject to all just
exceptions.
CM No. 3158/2011
This is an application for condonation of delay of fifteen
days in preferring the appeal. Having heard Mr. Sandeep Sethi,
learned senior counsel along with Mr. Rajesh Yadav, learned
counsel for the appellant and Mr. B.V. Niren, learned Standing
Counsel for the respondents, we find sufficient cause exist for
condonation of delay and accordingly delay stands condoned.
The application stands disposed of.
LPA No. 158/2011
The present appeal challenges the order dated 8th
December, 2010 passed by the learned single Judge in Writ
Petition (Civil) No. 11497/2009 whereby he has affirmed the
order passed by the learned Additional District Judge whereby
he has concurred with the order passed by the Estate Officer
under the Public Premises (Eviction of Unauthorised Occupants)
Act, 1971 (for brevity, Act).
2. It is submitted by Mr. Sethi, learned senior counsel for the
appellant that the learned single Judge has failed to appreciate
that the appellant was entitled to retain the quarter for a period
of eight months from the date of his relieving from Delhi and
further eighteen months if he was posted at a hard station. It is
contended by him that the appellant was relieved from Delhi on
21st September, 2004 to join at Jaipur and while he was serving
at Jaipur, he was not provided a quarter. He was transferred to
Bikaner on 12th April, 2005 and, therefore, he is covered by the
circular which postulates that if an employee is posted at a hard
station, he is entitled to retain the quarter for eighteen months.
Mr. Niren, learned counsel for the respondent has submitted that
the computation of eighteen months has to be done from the
date of his last posting and solely because the appellant was not
given an accommodation at Jaipur, he cannot claim the right to
possess a quarter at Delhi for a period of eighteen months.
3. On a perusal of the order passed by the learned single
Judge, it is perceptible that he has taken into consideration the
period from 21st May, 2005 till 31st July, 2006 as authorized
accommodation on the foundation that the appellant could not
have got the benefit of the hard station posting as his last
posting was not at Delhi but at Jaipur. In our considered
opinion, the interpretation placed by the learned single Judge is
sound.
4. We have been apprised at the Bar that the competent
authority has the power to exonerate the penalty. It is submitted
by Mr. Sethi that the appellant was a Junior Engineer and a
heavy amount has been imposed towards penalty. It is also
urged by him that there was a misconception that he was
entitled to retain the quarter for eighteen months. Regard being
had to the totality of circumstances, we are only inclined to
modify the order of the learned single Judge that if appellant
makes a representation to the competent authority to exonerate
or waive or reduce the penalty, the said authority shall be well
advised to consider the same with utmost objectivity to waive or
reduce so that the employee who was under a misconception
may not put to enormous jeopardy to pay approximately
Rs.2,30,000/-. If a representation in this regard is submitted
within a period of six weeks, the same shall be dealt with by the
competent authority within a period of eight weeks therefrom.
Till the matter is finally dealt with, no coercive steps shall be
taken by the competent authority to realize the said sum.
5. With the aforesaid modification in the order of the learned
single Judge, the appeal stands disposed of without any order
as to costs.
CHIEF JUSTICE
SANJIV KHANNA, J.
FEBRUARY 15, 2011
VKR
