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Vinod Shah (Journalist and RTI Specialist )     10 May 2018

Vacation of govt accommodation / eviction order

Dear Expert,

I need your immediate help on a matter which affects family life of one of my close friend.

He was employed in Delhi Metro Rail Corporation as Office Assistant and after 12 years of service, he was chargesheeted and imposed major penatly of removal from service in July 2017 on biased grounds. Actual matter was he has reported a corruption compliant before the CVC against some Delhi Metro Officers and CVC forwarded his complaint to CVO/DMRC. But CVO explosed his name before corrupt officers against he had submitted a compliant. He has challanged his removal Order before the Hon'ble CAT New Delhi and matter is pending due to non-avialability of counsel of Respondent (DMRC) on hearing dates hiowever pleading is completed and listed more than  five times for final hearing.

My frined has been alloted a Staff Quarter in Shastri Park Metro Colony and he is residing there since 2009 with his family. Now DMRC approchaed to Tishazari Metropolitan Court and seeking eviction order against him.

Kindly suggest me,

Can an employer issue eviction order against the removed employee while matter of removal is pending in the CAT / Court??

I heard from someone that no eviction order can be issued against the allotte while his/her removal case is challened in any court of law and matter is pending adjudication there, but I am unable to find such judgement/reference which allow the same or grant stay on eviction order in such cases.

Kindly help me out.



Learning

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