Dismissal from service terminates entitlement to staff accommodation; pending appeal does not confer rights to occupy the premises.

JUDGMENT

Sanjeev Sachdeva, J. Petitioner impugns order dated 07.07.2021 whereby the appellate authority under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, declined to grant an interim stay to the petitioner from vacating the staff accommodation.

2. Petitioner was appointed as an LDC in 1998 under the indigent circumstances on compassionate ground by the Air Officer In-Charge Personal (AOP), who holds the rank of an Air Marshal.

3. A case under the Prevention of Corruption Act was registered against the petitioner on 30.06.2016. Petitioner was convicted and sentenced to undergo five years rigorous imprisonment. The allegations against the petitioner were that he had made cash deposits of over Rs. 16 crores in his bank account. Petitioner has denied the allegation.

4. Consequent to the conviction of the petitioner in the said case, by order dated 15.02.2020, petitioner was dismissed from service under Rule 14 read with Rule 19(i) of the Central Civil Services (Classification, Control and Appeal) Rules 1965.

5. Though petitioner has impugned the said dismissal order before the Central Administrative Tribunal, however, it is an admitted position that there is no stay of the said dismissal order and petitioner continues to remain dismissed from service.

6. During his employment, the petitioner was allotted a quarter bearing No. D-2, Vashist Vihar, Rock View Area, 3 Wing, Air Force Station, Palam, Delhi Cantt.

7. Post his dismissal he was permitted to continue to occupy the said quarter for a period of one month i.e. from 18.02.2020 till 17.02.2020. Petitioner was also struck of the strength of the Air Force on 18.02.2020.

8. Since petitioner failed to vacate the quarter, after expiry of the period of one month, proceedings under the Public Premises Act were initiated. Said proceedings culminated in an order of eviction proceedings passed on 03.11.2020.

9. By order dated 12.03.2021 the Appellate Authority i.e. the District Judge remitted the matter to the Estate Officer to pass a fresh order after giving an opportunity of hearing to the petitioner.

10. Consequently, another order dated 23.06.2021 was passed by the Estate Officer once again directing the petitioner to vacate the premises within a period of 15 days.

11. Petitioner filed the subject appeal impugning order dated 23.06.2021. In the said appeal, the Appellate Authority by order impugned herein dated 07.07.2021 declined to grant any interim stay.

12. Petitioner has filed this petition impugning the order declining the grant of stay.

13. Before this Court, petitioner has not been able to show any right or entitlement of the petitioner to retain the premises. It is an admitted position that petitioner stands dismissed from service in exercise of powers under Rule 14 read with Rule 19(i) of the Central Civil Services (Classification, Control and Appeal) Rules 1965 and there is no stay of the said order of dismissal.

14. Since petitioner does not remain in the service and has been struck off from the strength of the Air Force, petitioner is not entitled to continue in possession of the accommodation which was allotted to him being in service.

15. Mere fact that an appeal is pending against an order of dismissal does not entitle petitioner to continue in occupation of the quarter meant for service personnel and allotted to the petitioner and consequently to an interim protection.

16. I find no infirmity in the order dated 07.07.2021 whereby the appellate authority has declined to grant stay to the petitioner from eviction from the subject quarter.

17. A dispute has been raised by the coun