Court dismissed a writ petition challenging a show-cause notice for penal rent on illegally retaining government accommodation after transfer, directing petitioner to reply.
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Court No. - 83
Case :- WRIT - A No. - 7484 of 2020
Petitioner :- Chunkawan Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- B.K. Shukla Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
By the impugned notice dated 10.07.2020 and 14.06.2020 issued by the respondent No.3Superintendent of Police, Hamirpur, asking from the petitioner to show cause as to why penal rent be not charged against him for illegally retaining the government accommodation. Admittedly, the petitioner was transferred from Hamirpur to Mahoba in the year 2017. He did not vacate the official accommodation at Hamirpur.
Learned Standing Counsel for the State - respondents submits that failure to vacate the residential accommodation upon transfer and to retain it without authority of law disrupts the housing policy for the employees in the State of Uttar Pradesh.
These matters of fact are to be considered by the competent authority in the first instance.
The petitioner has to tender his reply to the show cause notice. There is no infirmity in the show cause notice and the proceedings taken out against the petitioner.
The writ petition is liable to be dismissed and is dismissed.
Order Date :- 19.10.2020 Ashish Tripathi
1 issue framed by the court
Whether the writ petition challenging the notice for penal rent for retaining government accommodation is maintainable.
Chunkawan Prasad
State Of U.P.
Ajay Bhanot
As recorded by the court registry
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