R. Pasupathy v. State of Tamil Nadu, represented by The Secretary to Government Home Department Secretariat & Others
2009-10-07
P.JYOTHIMANI
body2009
DigiLaw.ai
Judgment :- The writ petitioner who was recruited as a Sub-Inspector of Police in 1970 and subsequently promoted as Deputy Superintendent of Police has been permitted to retire on superannuation on 20-10-2007 without prejudice to the disciplinary proceedings. He was placed under suspension early on 29-06-1999 and thereafter, as a punishment the Home Secretary issued an order 682/2009 on 19-08-2009 imposing a punishment of Rs.1000/- per month from the pensionary benefits for a period of three years by order dated 19-08-2009. It is not under dispute that the petitioner has accepted the same. During the pendency of his service, he was allowed to occupy a departmental quarters at No.8, A-Block, Assistant Commissioners of Police Quarters, Dhakshinamoorthy Koil Street, Old Washermenpet, Chennai 21. In the impugned order, the petitioner has been directed to vacate the said quarters on the basis that after his retirement he has been in unauthorized occupation of quarters from 30-06-2006 onwards and in respect of the unauthorized occupation stated to have been made between 01-07-2006 to 31-08-2006, an amount of Rs.1,71,360/- has been deducted from the amount payable to the petitioner as his penal rent. In the impugned order it is stated that if the petitioner has not vacated, he will be forcibly removed. 2. Heard the learned counsel for the petitioner as well as the respondent. 3. The petitioner has filed an affidavit dated 07-10-2009 giving an undertaking that he will vacate the quarters by 31-01-2010. The relevant portion reads thus: "I am searching for the rented house, but I could not have an amount to pay the advance. Therefore, only after getting terminal benefits, I can able to pay the advance to the rented house, for which it will take some time. I undertake to vacate the quarters on 31-01-2010." 4. In view of the undertaking given by the petitioner to vacate the quarters by 31-01-2010 no further orders is required in this writ petition except to state that the undertaking given by the petitioner to vacate the portion by 31-01-2010 is recorded and making it clear that on or before 31-01-2010, the petitioner shall deliver vacant possession without creating any further encumbrance.
Therefore, the respondents are directed not to disturb the possession of the petitioner till 31-01-2010 and it is made clear that if the petitioner fails to vacate by the time as given in his undertaking, the respondent shall take action in accordance with law. In so far as the amount of penal rent deducted from the petitioners pensionary benefits, if the petitioner is having any other legal right he can seek the same in the manner known to law. 5. The writ petition has been ordered accordingly. No costs. The connected miscellaneous petitions are closed.