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2003 Supreme(Del) 599

BADAR DURREZ AHMED
DHAN SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.P.Dhamija, ANJANA GOSAIN

Badar Durrez Ahmed, J.

( 1 ). In this writ petition the petitioner, who was an employee of the Railway protection Force, has, inter alia, challenged the action on the part of the respondents of imposing penal rent/damages in respect of the period from 09. 03. 1992 to 01. 07. 1994. The petitioner is also aggrieved by the fact that the amount representing the penal rent/damages amounting to Rs. 102592. 85 has been withheld by the respondents from the amount of gratuity payable to the petitioner after his superannuation.

( 2 ). The facts are that the petitioner was transferred to Delhi on 05. 05. 1985 and was allotted a class III quarter being 40-CD, Bara More Sarai, Railway colony, Delhi. This is the premises in question in the present petition. The petitioner was subsequently transferred to Ghaziabad on 09. 03. 1992.

( 3 ). Despite transfer to Ghaziabad, the petitioner retained the premises in question on the ground that no accommodation was given to him in ghaziabad. It is, however, the respondent s contention that the petitioner had allotted the accommodation which was available to him in Ghaziabad to somebody else and thereafter pleaded that there was no accommodation available t









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