Non-acceptance of prior accommodation offer does not exhaust right to one change if authority later grants allotment after scrutiny; cancellation without notice violates natural justice; prior allotment auto-cancels on new occupation.

O R D E R

Heard Shri Akhilesh Kumar Pandey along with Shri Jitendra Nayak, learned counsel for the applicant and Shri Krishna Kumar Ojha, learned counsel for the respondents.

2. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following main relief(s):-

(i) Issue an order or directions quashing the orders impugned dated

21.07.2022 and 24.12.2021 (Annexure A-1 & A-2 to the OA)

passed by the Respondent No.5 and 4, respectively.

(ii) Issue an order or directions, commanding the respondents to refund the amount so recovered from his salary in reference to the orders impugned dated 24.12.2021 and 21.07.2022 along with interest.

(iii) Issue a further order or directions, commanding the respondents to treat the applicant as an authorized occupant of house no. C- 21, Ganga Vihar Colony, till the date he is allotted another accommodation.

3. From the pleadings it emerges that the applicant was initially appointed as Auditor on 20.09.2010 and was subsequently promoted to the post of Senior Auditor w.e.f. 01.04.2014. He was earlier allotted Government accommodation bearing House No. C-31, Ganga Vihar Colony, New Cantt., Prayagraj in the year 2017. Thereafter, on his request for change of accommodation due to family hardship, the competent authority allotted him another accommodation of the same type bearing House No. C-21, Ganga Vihar Colony on the ground floor vide allotment order dated 29.09.2021. According to the applicant, he took possession of the newly allotted accommodation in October, 2021. However, the respondents, without issuing any show cause notice or passing any formal cancellation order, treated the applicant as an unauthorized occupant of the said accommodation and imposed damage charges, which led to passing of the impugned orders and filing of the present Original Application.

4. The submissions of the learned counsel for the applicant, in support of his case are as follows:-

4.1 The applicant was initially appointed as Auditor on 20.09.2010 and was subsequently promoted to the post of Senior Auditor on 01.04.2014.

4.2 The applicant was initially allotted Government accommodation No. C-31, Ganga Vihar Colony, New Cantt., Prayagraj on 30.10.2017. Due to serious hardship faced by his aged parents and pregnant wife in residing on the second floor, the applicant applied on 09.03.2021 for change of accommodation of the same type on the ground floor. The competent authority accepted the request and allotted accommodation No. C-21, Ganga Vihar Colony on the ground floor vide allotment order dated

29.09.2021.

4.3 After accepting the allotment, the applicant was handed over the key of the said accommodation and due to minor repairs required in the premises, the applicant submitted an application dated 07.10.2021 for necessary repairs, which were carried out by the respondents and thereafter the applicant took physical possession of the newly allotted accommodation in October, 2021.

4.4 It is submitted that without issuing any show cause notice, without affording opportunity of hearing and without serving any cancellation order of the newly allotted accommodation, the respondents passed the impugned speaking order dated 24.12.2021 treating the applicant as an unauthorized occupant and imposing damage charges.

4.5 The applicant had submitted detailed representations dated 17.01.2022 and thereafter several applications requesting the respondents to reconsider the matter and to allot him accommodation so t