Central Government Accommodation Rules
KIRAN_DASS
(Querist) 16 April 2009
This query is : Resolved
My friend had government accommodation in New Delhi. He surrendered the same to the Estates Office. After 7 months of its surrender, the administrative department extracted an "forced admission" that he had sublet the govt.accommodation. Based on his admission disciplinary proceedings were conducted against him and major punishment was awarded to him.
As per allotment rules, the Estate Office has all powers in relation to the subletting and cancellation of the govt. acc. If the Estates Officer finds proved subletting based on report of the empowered authirities under the Rules, a report is sent to the administrative department under whom the allottee works for taking disciplinary action against the government servant for misconduct i.e. subletting of govt. acc.
Whereas in this case, no enquiry was conducted, no proceedings were held, no report was sent to the administrative department. But the administrative department at its own sweetwill conducted the proceedings under the Allotment Rules and ushuruped the powers of the Estates Officer and simultaneously held disciplinary proceedings against the government. The major penalty under the rules was awareded to the govt. servant.
The Question is "Whether the administrative department is competent to take proceedings only on "admission" which was extracted under threat. But the government servant is so fearful that he could not say that the "admission of subletting was obtained under threat". Could the court still hold him guilty in spite of the fact that the administrative department had no legal jurisdiction under the Allotment Rules.
B.B.R.Goud.
(Expert) 22 May 2009
No.
the administrative department is shall not competent to take proceedings only on "admission" which was extracted under threat.
the court can still hold him guilty in spite of the fact that the administrative department had no legal jurisdiction under the Allotment Rules.
