Tuesday, January 29, 2013

Retention of Govt accommodation of UT Administration beyond permissible time to invite contempt of court



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to an official spokesman directions have been issued that retention of house if any accorded after said that may be withdrawn in order to avoid contempt of Hon’ble Court.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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