Unauthorized retention of govt. accommodation post-transfer/dismissal periods attracts damage charges per allotment rules; retrospective levy improper if license fee deducted.

ORDER

1.By filing the instant Original Application, under section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following prayer(s): -

“(a) to set aside the order dated 29/6/18 vide F. No. DPADI/2018/ 1901/19/D/7/2007 issued by Suptd. of Police (HO) CBI New Delhi wherein the said accommodation allotted to the applicant has been cancelled retrospectively.

(b) to cancel demand of Rs 26,22,420/- by CBI from applicant on account of damage charges vide letter dated 04/9/2018(6/9/20 18).

(c) to direct the respondent no. 1 to consider the case of the applicant sympathetically and levy the charges from the date of intimation for vacating the accommodation under reference which is 29.06.2018.

(d) Pass any other order or orders as deemed fit and proper in the facts and circumstances of the case.”

FACTS OF THE CASE:

2. The applicant was working in Central Bureau of Investigation (CBI) on deputation basis from Delhi Police and was absorbed in the CBI in the year 1994 and he was allotted government accommodation from CBI pool vide quarter. No.D-6/6049/5, DDA Flats, Vasant Kunj, New Delhi on 24.12.2007. He was promoted to the rank of Inspector and at relevant time. On 01.04.2013, the applicant was posted to Jammu, where he joined. A criminal case was registered against the applicant in which he was convicted by Special Court at Patiala House, New Delhi on 26.07.2014 while he was posted in Jammu. The Govt. quarter allotted to the applicant on 24.12.2007 was vacated by him on 13.07.2018. The respondent   no.1 issued an order dated 29.06.2018 and treated the allotment of the above-mentioned Govt. quarter cancelled retrospectively w.e.f 02.04.2013 and imposed damage charges of Rs.25.83 lakhs (i.e. Rs. Twenty Five Lakhs Eighty Three Hundreds only). The respondent no.1 further vide their letters dated 23.07.2018 and 04.09.2018 revised the damage charges to Rs.26,22,420/- (i.e. Rs. Twenty six lakhs twenty two thousand four hundred and twenty only) and the same was conveyed to the applicant vide Annexure A-I (Colly.).

2.1 The applicant contends that he was promoted to the rank of Inspector on 21.03.2013 and was ordered to stand relieved from 01.04.2013 with direction to report for duty to Supdt. of Police, CBI, ACB, Jammu on promotion. He further states that the above instructions never contained any direction to surrender the Govt. allotted general pool accommodation of CBI, yet taking abundant precaution the applicant made a request to retain the said accommodation as per the Govt. policy applicable to the personnel posted in Jammu region. The applicant states that while posted in Jammu, he was convicted in a criminal case i.e. RC No.DST/2013/A/0004 (CC No.05/2014) on 26.07.2014 and was sentenced on 27.08.2014 by learned CBI Special Judge for 6 years rigorous imprisonment and fine of Rs.4 lakhs for offences under Section 409 of IPC and further 12 months RI for default. He also states that he was also convicted and sentenced for 4 years RI and fine of Rs.4 Lakhs for offences under Section 13(1)(c)r/w 13(2) of PC Act and to undergo 12 months RI in case of default of fine. He further states that he was dismissed from service w.e.f 26.07.2014 vide order no. ID No. DPPERS-II 2018/1472/A-20014/2974/2008 on 18.07.2024 under Rule 19(i) of Central Civil Services (Classification, Control and Appeal) Rules, 1965 just 2 months before his superannuation on 31.10.2014 without conducting an enquiry. The applicant cont