By Punjabnewswire4u
CHANDIGARH, JAN 29
The Punjab
Government has circulated the directions of Supreme Court of India to all
employees that illegal retention of Government accommodations pertaining to
Chandigarh Administration beyond permissible period cannot be allowed by any
authority. The directions also elucidate that orders of retention passed by any
authority after 30-08-2011 under Rule 31 (5) would tantamount to contempt of
Supreme Court of India.
According to an official spokesman directions have been issued that retention
of house if any accorded after said that may be withdrawn in order to avoid
contempt of Hon’ble Court.
The judgment of Supreme Court was passed in the case of Asha Sharma Vs
Chandigarh Administration and others and Court observed that they see no reason
that why a Government servant should be permitted to retain accommodation beyond
4 to 6 months, the period permissible under Rules.
The court noted
that a Government Servant knows in advance the period within which he/she has
to vacate the accommodation allotted to him/her as a part of their employment
and so he has to surrender his house within schedule time. The court observed
that it cannot lose sight of the fact that a large number of employees under
different category are awaiting their allotment and are being deprived of
benefit for long period because excessive invocation of such discretionary
powers.
The Apex Court
ruled that the provision is unguided and arbitrary and can not stand the
scrutiny of law.
These instructions have been circulated to all Financial Commissioners,
Principal Secretaries, Administrative Secretaries and Head of the Departments
for necessary action.
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