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2007 DIGILAW 1399 (SC)

S. D. Bandi v. Divisional Traffic Officer, KSRTC

2007-09-18

B.N.AGRAWAL, D.K.JAIN

body2007
JUDGMENT : Regarding State of Orissa: 1. In the affidavit filed on 11th September, 2007 on behalf of the State of Orissa details have not been given. Four weeks time is allowed to file further affidavit giving details thereunder. It is made clear that the affidavit should not be filed by an officer who is below in rank than that of Additional Secretary of the Department. It appears that in the order dated 24th July, 2007 while calling for the records of the two writ applications, in one of the writ applications year of the case has been wrongly mentioned in paragraph 14, as OJC No. 9603 of 2004 instead of OJC No. 9603 of 2000. Accordingly, file of another case was called for and received. Let records of the aforesaid case wrongly received be sent back and call for the records of OJC No.9603 of 2000. In the affidavit it should be further stated as to whether any person is in unauthorised occupation of Bungalow Type V to VIII. If so, the details must be furnished. 2. Shri Shambunath Nayak shall also file an affidavit within the same time. 3. List on 23rd October, 2007 Regarding State of Maharashtra: 4. It has been stated in paragraph 5 of the affidavit that steps would be taken for making amendments in the Service Rules to the effect that if a Government servant remains unauthorisedly in occupation of Government premises, disciplinary proceeding can be initiated against him and in contemplation of the same he can be suspended. A prayer has been made that the matter should be adjourned for four weeks and in the meantime necessary steps will be taken for making necessary amendment in the Rules. Let it be so done, Within the same time an affidavit should be filed in this regard by a responsible officer of the department who should not be below the rank of Additional Secretary. In the affidavit it must be further stated as to whether any person is in unauthorised occupation of Bungalow Type V to VIII. If so, the details must be furnished. 5. Put up the matter on 23rd October, 2007. Regarding State of Karnataka: 6. In the affidavit it must be further stated as to whether any person is in unauthorised occupation of Bungalow Type V to VIII. If so, the details must be furnished. 5. Put up the matter on 23rd October, 2007. Regarding State of Karnataka: 6. Four weeks time is allowed to file an affidavit as to whether any Government servant can be departmentally proceeded with and suspended in contemplation of the same for not vacating the Government accommodation within the time prescribed under law. 7. Put up on 23rd October, 2007. 8. Place the matter for consideration on the points enumerated in Paragraphs 7 to 12 of order dated 24th July, 2007, regarding desirability of making amendments in Section 441 of the Indian Penal Code, and the First Schedule of Criminal Procedure Code, tomorrow, i.e., 19th September, 2007. Order accordingly.