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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
RAJESH SEKHRI
Hotel New Metro – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
Rajesh Sekhri, J.
01. Petitioner has invoked writ jurisdiction of this Court for the issuance of appropriate writs to the respondents for the clearance of their pending liability towards hiring the petitioner Hotel for protected political persons.
CASE OF THE PETITIONER
02. Case of the petitioner is that pursuant to a circular dated 07.11.2020 and communication dated 12.12.2020 and various communications issued thereafter from time to time by Divisional Commissioner, Kashmir, it was requested to provide accommodation, on sharing basis, to protected persons including Panches, Sarpanches, Municipal Councillors etc., and police personnels/security forces w.e.f. 18.11.2020. Subsequently, the accommodation came to be de-hired by the Divisional Commissioner w.e.f. 05.10.2021, in terms of his order dated 01.10.2021. However, immediately after de-hiring at the Divisional Level, a fresh requisition was made at the District Level by respondent no. 2-Deputy Commissioner, Srinagar, vide his communication dated 27.10.2021, by virtue of which four Hotels, including the Hotel in question, came to be re-hired for accommodating protected persons of District Srinagar including Sarpanches, Co
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Post-retirement disciplinary proceedings on unverified pseudonymous complaint, ignoring guidelines and contradicting inquiry findings, quashed; retiral benefits not withholdable without proving serio....
The decision of a disciplinary authority must be supported by substantial evidence, and failure to do so renders the findings perverse and quashable.
The assessment of damages for unauthorized property use persists despite prior communications, reaffirmed by policy provisions, with petitioners failing to establish rights for commercial utilization....
The decision of the Disciplinary Authority must be based on legal evidence and reasonable; the Court may interfere if the finding is based on no evidence or is unreasonable.
Point of Law : Claim of damage/penal rent against the petitioner for the period mentioned in the impugned order. But the claim of the damage/penal rent cannot be on the basis of IRCON Rules.
A person who participates in the enquiry proceedings without objection cannot challenge the constitution of the Committee after the result goes against them, and may not have an alternative efficacio....
Unauthorized retention of govt. accommodation post-transfer/dismissal periods attracts damage charges per allotment rules; retrospective levy improper if license fee deducted.
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