Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:133537 Court No. - 4
Case :- WRIT - A No. - 11277 of 2025
Petitioner :- Mahesh Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. Petitioner is aggrieved by the order of penal rent sought to be recovered from the petitioner for over staying in official accommodation.
3. It is contended by learned counsel for the petitioner that even though the petitioner stood transferred in 2018 but continued to remain in official accommodation till 11.03.2024 and during this period his house rent allowance has also been deducted and further during this period petitioner has not received any allotment of the official accommodation at the transferred place.
4. Learned Standing Counsel for the State submits that the petitioner is liable to be saddled with the penal rent, in the event he has overstayed in the official accommodation after his transfer in 2018. He has not disputed the fact that the petitioner should have been awarded with the post dismissal hearing in the matter.
5. In view of the above, this petition stands disposed of with direction to the petitioner to file fresh representation against the order dated 21.04.2025 before Commandant, 24 Vahini, PAC, Moradabad within two weeks from today and if he does so, the concerned authority shall take final decision in the matter taking into consideration of the fact that petitioner's house rent allowance was being deducted regularly and that he has not been allotted any official accommodation at the transferred place within a further period of six weeks of presentation of representation of the petitioner as directed hereinabove.
6. For a period of two months from today or till the disposal of
representation of the petitioner, whichever is earlier, the respondent concerned shall not proceed to release the amount pursuant to the
order dated 21.04.2025.
Order Date :- 7.8.2025 Deepika WRIA No. 11277 of 2025 2 Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad