The main legal point established in the judgment is the obligation to take legal actions, including departmental proceedings, suspension, and criminal prosecution, against unauthorized occupants of government premises under the Orissa Civil Services (Pension Rules), 1992 and Section 441 of the Indian Penal Code.

ORDER :

B.N. Agrawal and .P. Naolekar, JJ.

Union Territory of Chandigarh:

1. Heard learned amicus curiae as well as learned counsel appearing on behalf of the Union Territory of Chandigarh.

It has been stated in the latest status report, which has been filed on affidavit, that so far as two writ petitions, namely, Writ Petition No.15972 of 2004 and C.W.P. No.7367-CAT/2007 are concerned, steps have been taken before the High Court of Punjab and Haryana for fixing an early date of hearing in those cases but no formal order has been passed. Learned counsel for the Union Territory of Chandigarh is directed to pursue the application for early hearing and see that writ applications are disposed of with utmost expedition.

Place the matter on 13th November, 2007.

State of Karnataka:

The State of Karnataka is directed to file a more detailed affidavit within six weeks stating therein as to whether the house in question has been vacated by particular occupant and, if not, reason for the same. The details of rental/penal rental and the steps taken for recovery of the same shall also be stated in the affidavit.

Place the matter on 18th September, 2007.

State of Orissa:

Heard learned amicus as well as learned counsel appearing for the State of Orissa.

2. It has been stated in the latest status report, which has been filed on affidavit dated 2nd February, 2007, that out of 85 unauthorised occupants of Executive Wing, 18 persons have either vacated or have been evicted. So far as one person is concerned, his occupation has been regularised as he has been transferred back to Bhubaneshwar. In relation to the remaining 66 persons, it has been stated that out of them, 42 are in service and six are those who have already superannuated whereas 18 are legal heirs of Government servants who died in harness.

3. We directed the State of Orissa to respond as to whether for unauthorised occupation of Government premises a Government servant can be proceeded departmentally and suspended when the departmental proceeding is under contemplation. Learned counsel appearing on behalf of the State pointed out that under Rule 3(b) of the Orissa Government Servant's Conduct Rules read with the circular bearing Memo No.376/70- 13980/(180)/CA dated 26th November, 1970, issued by the Government of Orissa, a departmental proceeding can be initiated against such a Government servant and he can be suspended in contemplation of the same. It has been stated that even against a retired Government servant or heirs of a deceased Government servant, under the provisions of Rule 7 of the Orissa Civil Services (Pension Rules), 1992 [in short, `the Pension Rules'] action can be taken for continuing to remain in occupation of Government premises unauthorisedly. This being the position, we are of the view that for not vacating the Government premises after the expiry of the period prescribed under law, the occupation of Government servant becomes unauthorised, for which a disciplinary proceeding can be started against him and in contemplation of the same, he can be suspended. From the tenor of submissions of learned counsel appearing on behalf of the State, it appears to us that the State Government is satisfied that such proceedings should be initiated against the aforesaid 42 Government servants and they be suspended when the departmental proceedings against them are under contemplation inasmuch as against the 6 retired Government servants and heirs of the 18 deceased Government servants appropriate measures should be taken under Rule 7 of the Pension Rules. Accordingly, we direct the State of Orissa to pass orders of suspension in contemplation of departmental proceedings against 42 persons aforesaid who are still in Government service, within a period of six weeks from today and departmental proceedings be initiated against them. Against the six persons, who have superannuated, and heirs of 18 Government servants who died in harness, occupation of all of whom is unauthorised, the State