Petitioner, a Head Constable transferred without vacating official accommodation, challenged the show-cause notice. Court held writ petition fails as petitioner claimed to have vacated premises, but penal rent proceedings remain open.
Writ petition dismissed; authorities allowed to initiate proceedings for imposing penal rent after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 28
Case :- WRIT - A No. - 47984 of 2008
Petitioner :- Mohan Singh Respondent :- State Of U.P. & Others Counsel for Petitioner :- Rajeshwar Yadav,Vijay Bahadur Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Pradeep Kumar Yadav, learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner is a Head Constable in the P.A.C. (Provincial Armed Constabulary). He was transferred from District Varanasi to District Mirzapur. The petitioner continued to retain his official residential accommodation at Varanasi inspite of his transfer to Mirzapur. He was not entitled to retain his official residential accommodation at Varanasi after his transfer to District Mirzapur.
By order dated 26.8.2008 and 30.8.2008 notices were issued to the petitioner to vacate the official residential accommodation in police line, Varanasi, within a period of 7 days or evicted forcefully.
Sri Pradeep Kumar Yadav, learned counsel for the petitioner submits that the petitioner has already vacated the official residential accommodation. He relies the letter of the Deputy Inspector General of Police, Headquarter, U.P., Allahabad dated 9.2.1996 which permits the member of the police force to retain official residential accommodation in case they are posted to naxalite affected area.
In view of the fact, the cause of which the writ petition was founded does not survive. However it shall be open to the police authorities to initiate proceedings for imposing of penal rent in accordance with law after giving opportunity of hearing
to the petitioner.
The writ petition is dismissed with the aforesaid direction.
Let a copy of this order be provided to learned Standing Counsel to communicate the competent authority.
Order Date :- 13.9.2018
Pramod
2 issues framed by the court
Whether the writ petition regarding the petitioner's entitlement to retain official residential accommodation survives given the petitioner's claim of vacating it.
Whether proceedings for penal rent can be initiated after vacating the accommodation.
Mohan Singh
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
