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Harsimran Singh Sethi, J. (Oral)

CM-6421-CWP-2026

1 As prayed for, application is allowed.

CM-6422-CWP-2026

2. As prayed for, application is allowed.

3. Reply filed on behalf of respondents No.1 & 4 is taken on record.

CWP-32425-2025

4. Present writ petition has been filed challenging order dated 22.11.2022 (Annexure P/2) by which, allotment of Government accommodation granted in favour of the petitioner has been cancelled and damages on account of alleged irregularity were sought to be recovered as well as to the order dated 09.10.2025 (Annexure P/11) passed by the Central Administrative Tribunal, Chandigarh Bench (hereinafter referred to as ‘the Tribunal) by which, the said order of cancelling the allotment of Government accommodation in favour of petitioner, was upheld.

5. Certain facts are required to be mentioned for the correct appreciation of the issue in hand.

6. The petitioner is a 51 years old unmarried lady, who is 45% handicapped due to Polio and employed with the Indian Air Force on compassionate ground. Keeping in view the engagement of the petitioner with the Indian Air Force, she was allotted a Government accommodation being H.No.1180-A, Type-II, Sector 46-B Chandigarh on 22.06.2007. As the petitioner was unmarried and physically disabled, her mother was residing with her and she continued to reside with the petitioner till she unfortunately died on 24.04.2017. Keeping in view the fact that the petitioner is 45% disabled, her widowed sister with her daughter started living with the petitioner so that the petitioner, who is handicapped could be taken care of after the death of her mother, who was earlier taking care of her.

7. A complaint was filed against the petitioner that she has subletted the said Government accommodation to her widowed sister, on the basis of which, a show cause notice was issued to her on 04.08.2022 (Annexure P-1) which show cause notice was based upon an inspection, during which inspection, it was discovered that the widowed sister of the petitioner along with her daughter were residing with the petitioner and the fact that petitioner's sister along with her daughter were residing in said house was treated as subletting of said Government premises by the petitioner due to which allotment of the Government accommodation in favour of the petitioner was cancelled by the respondents on 22.11.2020 (Annexure P/2).

8. Upon cancellation of the allotment of Government accommodation in favour of the petitioner, a penal rent amounting to Rs.3,96,410/- was also imposed upon the petitioner vide letter dated 17.02.2023. The petitioner appeared before the respondents but without any success and ultimately, the petitioner challenged the order of cancellation of the allotment of Government accommodation as well as imposition of penal rent by way of filing an original application No.195/2023, vide which an interim order was granted in favour of the petitioner by the Tribunal, on the basis of which interim order, the petitioner continued to occupy the said Government accommodation in question.

9. Thereafter, as the counsel for the petitioner failed to put in appearance before the Tribunal, the Tribunal decided the said original application exparte and dismissed the same. The said order passed by the Tribunal is under challenge before this Court in the present petition.

10. Learned counsel for the petitioner submits that the allegation alleged against the petitioner that she has subletted the Government accommodation in question to her widowed sister and her daughter, is incorrect as nothing has come on record to show that the petitioner was not residing in the said Government accommodation along with her widowed sister and her daughter hence, once, the petitioner is residing in the said accommodation along with her widowed sister and her daughter, there arises no question that said Government accommodation had been sub-letted as the family members were residing with the petitioner, which fact has not