Court No. - 59
Case :- WRIT - A No. - 13860 of 2017 Petitioner :- Shri Hiramani Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Singh Counsel for Respondent :- C.S.C.,Chhaya Gupta Hon'ble Manoj Kumar Gupta,J.
The petitioner has assailed the order dated 7.3.2017 passed by Upper Mukhya Adhikari, Zila Panchayat, Allahabad, whereby he has been called upon to vacate the official accommodation in his illegal possession within three days, failing which, departmental proceedings would be initiated against him. A specific finding has been recorded in the impugned order that the petitioner is in illegal possession of the official accommodation, which is meant for occupation by driver, although at present the petitioner has been transferred to Uchchtar Madhyamik Vidyalaya, Mauaima as a Class IV employee.
Sri R.C. Singh, learned counsel appearing on behalf of the petitioner initially tried to assail the validity of the impugned order but later on, after obtaining instructions from the petitioner, has made a statement at the bar that some time may be granted to the petitioner to vacate the accommodation. He further submitted that the academic session is coming to an end and therefore, the petitioner would vacate the accommodation by the end of the academic session.
Ms. Chhaya Gupta, learned counsel appearing on behalf of respondents no.2 and 3 stated that in case the petitioner vacates by 31 May 2017, no disciplinary proceedings, as proposed by the impugned order, shall be undertaken.
In view of the aforesaid statement made by learned counsel for the parties, this Court, without interfering with the impugned order, disposes of the writ petition by directing the petitioner to vacate the accommodation positively by 31 May 2017. In the event, the petitioner fails to vacate the accommodation by that time, it shall be open to the respondents to get the accommodation vacated forthwith by police force and also realise penal rent and damages, as also to initiate disciplinary proceedings for the misconduct.
The writ petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 18.4.2017/SL