Court No. - 36
Case :- WRIT - A No. - 13415 of 2018 Petitioner :- Suhail Siddiqui Respondent :- Union Of India And Another Counsel for Petitioner :- Ved Prakash Mishra Counsel for Respondent :- Rajnish Kumar Rai
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The petitioner seeks to challenge the order dated 5.1.2016 passed by the respondent no. 2 imposing penal rent upon the petitioner for illegal occupation of official quarter from 10.8.2014 till 31.12.2015 which comes to approximately Rs. 1,94,069/-.
With reference to the medical prescriptions brought on record, it is demonstrated by the petitioner that his young son met with an accident on 4.2.2014 while going to his college. He had suffered multiple injuries including brain injury and fracture of pelvic bone and slipped into 'Coma'. He is still in the same condition, admitted in the Railway Hospital, Delhi.
Considering the said adverse circumstances faced by the petitioner, it would be appropriate that the respondent no. 2 shall give a sympathetic consideration to the prayer made by the petitioner for condonation of the penal rent imposed upon him as the reason given by the petitioner for not vacating the quarter at Saharanpur is on account of the circumstances practically beyond his control.
In view thereof, the present writ petition is being disposed of with the direction that the petitioner may make a fresh representation before respondent no. 2 alongwith certified copy of this order within a period of two weeks.
In case such a representation is filed, the respondent no. 2, the Senior Divisional Security Commissioner, RPF, Northern Railways, Ambala Cantt. would be under obligation to take a decision sympathetically keeping in view of the circumstances being faced by the petitioner, as expeditiously as possible.
Till a final decision is taken by the respondent no. 2, no coercive action shall be taken against the petitioner.
Order Date :- 31.5.2018 Brijesh