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C 192 Anil Kumar v. State Of U.P. And Others - WRIT - A No. 37618 of 2004 [2005] RD-AH 40 (3 January 2005)


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Court No. 9

Civil Misc. Writ Petition No. 37618 of 2004

Contable 192 Anil Kumar


State of U.P. and others

Hon'ble Sunil Ambwani, J.

Heard learned counsel for petitioner and learned standing counsel.

The petitioner was transferred from  24 BN, PAC, Moradabad to  Civil Police in the same district on 3.3.2003. The petitioner  has not vacated  the family quarters allotted to him at 24 BN, PAC , Moradabad. He gave an undertaking on 12.6.2004 that  since he has been sent for training, he may be allowed to occupy the quarters up to 8.7.2004, after which he will vacate the same. It appears that instead of vacating the quarter, the petitioner insisted to occupy the same on the ground that some persons working  in the same district  have obtained orders to retain the residential quarters. By this writ petition, the petitioner has prayed for  direction to quash the orders dated 22.7.2004/18.3.2004 (Annexure Nos. 6 & & to the writ petition) passed by respondent no. 4 directing him to vacate the quarters and deposit penal rent.

It is admitted by the  learned counsel for the petitioner that the petitioner has not yet vacated the quarter. The order of the Commandant, 24 BN, PAC, Moradabad dated 21.10.2004 clearly shows that there is shortage of accommodation .

I find that the petitioner is not entitled to any discretionary relief from this Court inasmuch as the petitioner has not honoured his undertaking given on 12.6.2004 to vacate the  accommodation up to 8.7.2004,  after completing the training. Further this Court has repeatedly  held that the Government servants transferred from a place, must vacate the official residence unless they get permission from the competent authority. The administrative interest in such matters are  required to be considered only the the departmental authorities, and such orders cannot be ordinarily subjected to judicial review.

The writ petition is accordingly dismissed.

Dt. 3.1.2005



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