Eviction of govt accommodation
mala
(Querist) 06 July 2013
This query is : Resolved
SIR
A Govt employee is dismissed from service by the competent authority and subsequently he files an appeal with the REVISIONARY AUTHORITY OR THE APPELLATE AUTHORITY AND THIS APPEAL IS PENDING.
IN SUCH CIRCUMSTANCES
WHETHER THE AUTHORITY CAN EVICT THE EMPLOYEE FROM THE GOVT ACCOMMODATION UNTIL AND UNLESS THE APPEAL FILED BY HIM IS HEARD AND DISPOSED OFF
IS THERE ANY REMEDY AVAILABLE AS PER LAW
YOUR GUIDANCE AND REPLY IS GRACIOUSLY REQUIRED
ajay sethi
(Expert) 06 July 2013
has any stay been granted by the appellate authority ? if no stay is garnted he can be evicted .
Raj Kumar Makkad
(Expert) 06 July 2013
If there is no stay order against the eviction by appellate court then the question of retaining the accommodation do not arise. Hon'ble Supreme Court has yesterday decided a similar case wherein the Govt. employee is required to handover the vacant possession of such accommodation within one month of leaving the service on any reason.
mala
(Querist) 06 July 2013
IF THE appeal is still to be placed before the revisionary appeallate authority wherein the stay is sought in such circumstances what steps are to be taken
Raj Kumar Makkad
(Expert) 06 July 2013
An application is required to be moved and argument is to be led in the light of the grounds already mentioned in the revision/appeal and the would be difficulty to such employee/applicant in case of vacation.
Rajendra K Goyal
(Expert) 06 July 2013
If no stay granted by the competent authority for vacation of the accommodation, the employee has been dismissed, he has to vacate the accommodation with in the time allowed to do so under the rules.
Sudhir Kumar, Advocate
(Expert) 05 August 2013
Appellate Authority in Disciplinary proceedings has no power to grant stay against dismissal or consequences thereof.
He prima-facie has no case against eviction. At the most he can try taking interim order from civil judge against conviction till disposal of appeal. Chances of getting such orders are remote.
Guest
(Expert) 05 August 2013
Appeal and revision in dismissal case with the appellate or revision authority in the department, or even in the court of law (except with stay order), has no concern with the retention of Government accommodation. The dismissed employee can retain the accommodation only for two months after removal from Government service. If he wants to retain the accommodation further than the permissible period, at the discretion of the competent authority his request can be considered. If allowed to retain, he will have to pay penal rent as fixed by the Directorate of Estates Ministry of Urban Development. For detailed guidamce, you may better read chapter on Government residences, as provided in Supplementary Rules along with Government of India Decisions, i.e., SR 311 to SR 335 of the FR & SR.
