1. Present appellant is serving in Police Department. As persons, who reside with him in the quarter alloted to him, are creating nuisance affecting the peace of the colony, the competent authority has passed an order to evict the quarter allotted to the present appellant.
2. The present appellant had filed Civil Suit seeking permanent injunction, which was rejected by learned Chamber Judge, Court No.15, City Civil & Sessions Court, Ahmedabad, hence this appeal.
3. Heard Mr. N.D.Buch, learned advocate for the appellant.
4. It is vehemently submitted by Mr. Bhuch that without issuing show cause notice, the authority has passed an order for vacating the quarter and therefore, the order passed by the competent authority is against provisions of law and bad in law. It is also argued by Mr. Buch that no complaint is lodged against the present appellant and complaint is lodged against the relatives of the appellant and so also without being given opportunity of hearing to the present appellant, authority cannot pass the order for vacation of the quarter.
5. Mr.
P.P.Banaji, learned AGP for the respondent took this Court through the affidavit filed by the competent authority. In Para-12 of the affidavit, it is narrated that under Section 31(2) of the Bombay Police Act, if authority is satisfied that for the peace of the colony, and if the authority is satisfied that activities of the appellant is injurious to the other people, who are residing in the colony, then authority has power to pass an order for vacating the quarter. Section 31(2) of the Bombay Police Act, reads as under :
"shall notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be a police officer or whenever the State Government or any officer authorised by the State Government in this behalf thinks it necessary and expedient to require him to do so"
6. It is also argued by Mr. Banaji that father-in- law who resides with the appellant in the quarter, has indulged himself in the illegal activities and therefore, against him and other family members, complaint was lodged. It is submitted that considering all the material, the competent authority has passed the order for vacating the quarter. It is submitted by learned AGP that against six employees, orders were passed by the Commissioner for vacating the quarters and except appellant, all other employees have vacated the quarter.
7. Considering section 31(2) of the Bombay Police Act and the material on record and also considering the Order passed in Civil Suit rejecting the injunction application, this Court is of the opinion that the appellant has filed to make out any ground warranting interference by this Court. The Order passed by the Trial Court is legal & proper and so requires no interference by this Court.
8. In view of the above, finding no merit in the Appeal, the same is dismissed.
9. On the request made by learned advocate for he appellant, authorities are hereby directed to permit the appellant to retain quarter, allotted to him, for further 30 days from today.
(M.D.Shah, J.) cmj/ Top