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Staff quarter fine 7680000

(Querist) 08 April 2017 This query is : Resolved 
HI,

I NAVEEN KUMAR FROM PANIPAT HARYANA,WE LIVED IN HARYANA POLICE STAFF QUARTERS AND WE HAVE PERMISSION FOR 1 YEAR,BUT CAN'T VACATE WITH IN LIMIT.
FOR EXTRA PERIOD WE ALSO PAY RENT OF THIS QAURTER.

SO DEPARTMENT CHARGED A HEAVY AMOUNT OF 768000/- AS FINE.


PLEASE HELP ME......
naveen sharma (Querist) 08 April 2017
hello,

please help me...

matter is very serious...
Adv. Satyendra kumar chauhan (Expert) 09 April 2017
Naveen
I think in your case you might have rcieved notice from department to vacate the quarter and you may have ignored it or could not vacate the quarter by some problem and department is unaware about your bonafide problem .
You should have got permission From department and you did not and you came in preview of standard rent and penalty for being illegal occupant.
Now remedy is that make representative to your immediate senior officer by writing application mentioning yours problem due to which you could not vacate the quarter and ask for lenient view.
If you don't get relief then you may approach thereafter to next senior and when you are exhausted all representation available in your department then approach the High Court by filing the writ against this order.
This is only remedy you have .
Adv. Satyendra kumar chauhan (Expert) 09 April 2017
Naveen
I think in your case you might have recieved notice from department to vacate the quarter and you may have ignored it or could not vacate the quarter by some problem and department is unaware about your bonafide problem .
You should have got permission From department and you did not and you came in preview of standard rent and penalty for being illegal occupant.
Now remedy is that make representation to your immediate senior officer by writing application mentioning yours problem due to which you could not vacate the quarter and ask for lenient view.
If you don't get relief then you may approach thereafter to next senior and when you are exhausted all representation available in your department then approach the High Court by filing the writ against this order.
This is only remedy you have .
Ms.Usha Kapoor (Expert) 09 April 2017
Agree with Advocate Satyendra Kumar Chauhan.
Sudhir Kumar, Advocate (Expert) 09 April 2017
You are admiring having overstayed iN the house.

(PERIOD YOUR ARE KEEPING SECRET)

So Fine had to be there. You are telling amount of fine but you nowhere indicate that fine is illegal or wrongly calculated.
Guest (Expert) 09 April 2017
You will have to pay penal rent,as per the provisions of rules, if staying unduly and unauthotisedly in Government accommodation.
Rajendra K Goyal (Expert) 09 April 2017
Department may charge rent at market rate if accommodation not vacated by the employee.

You can challenge the fine if it is beyond the rules/ illegal / unauthorized.

Otherwise prey to concerned authority to waive to the extent he is empowered.
Guest (Expert) 09 April 2017
Any authority if ventures to wave off penalty against rules may do so at his own risk, responsibility and cost of his service career. No departmental authority is vested with any delegated power to wave off the penal rent.
Guest (Expert) 09 April 2017
Police quarters is a Place given to their staffs and you had an illegal occupancy inspite of notice to vacate.First Vacate the Premises and then Plead for Considerations in Penalties and sort out the issues.
naveen sharma (Querist) 10 April 2017
RESPECTED ALL,

IN THIS CASE, WE ALREADY PAID FULL RENT ON THAT EXCESS PERIOD AND ALSO VACATE THE QUARTER,BUT AFTER THAT THEY DEDUCT A SUM OF RS.5000/- PER MONTH FROM OUR SALARY WITHOUT ANY NOTICE.

IF WE NOT PAID THE RENT THAN WE ARE LIABLE TO PAY THE FINE.
Guest (Expert) 10 April 2017
Mr. Naveen Sharma,

Either your query is an academic query or if a real problem, you may be hiding some vital facts from the experts. There are several contradictions and deficiencies in your statement and you wanted help without discussing full facts. Sufficient advice has already been rendered with reference to your original query. BUT, IF THIS IS YOUR ACADEMIC QUERY, better reproduce the full text of the question, if some one may become ready to help you after going through that.

Earlier, you stated, "WE HAVE PERMISSION FOR 1 YEAR,BUT CAN'T VACATE WITH IN LIMIT." But now you have stated, "WE ALREADY PAID FULL RENT ON THAT EXCESS PERIOD AND ALSO VACATE THE QUARTER,BUT AFTER THAT THEY DEDUCT A SUM OF RS.5000/- PER MONTH FROM OUR SALARY WITHOUT ANY NOTICE." There is quite a lot of difference between the term CAN'T vacate and VACATED.

Still further, if already vacated, you have not stated for how much period in excess of the extension period you stayed in the staff quarter. Not only that,

You have also not stated, on whose order and when the recovery was imposed.

You have also not stated, in addition to the normal rent, what amount as difference of market rent or penal rent was being charged by your department during the extended period?

So, instead of bringing this extremely partially baked problem to this forum, you were required to get complete information about the recovery case and copy of recovery order from the Pay branch of your office before putting your query at this forum.
Sudhir Kumar, Advocate (Expert) 10 April 2017
now you revealed the fact that

"IN THIS CASE, WE ALREADY PAID FULL RENT ON THAT EXCESS PERIOD AND ALSO VACATE THE QUARTER,BUT AFTER THAT THEY DEDUCT A SUM OF RS.5000/- PER MONTH FROM OUR SALARY WITHOUT ANY NOTICE."


What prevented you from sharing the facts earlier. Hope you are not taking exam of experts by making the riddle easier now by providing helpline.

You are still not sharing the fact since your father has died whose salary you are referring to from where you say that deduction is being made.
naveen sharma (Querist) 10 April 2017
Sir,

my intention is not to hide anything.

my father is expired on 23.08.2014,we lived in staff quarters.we took permission for 1 year from DGP office i.e may 2016.after that we vacate the quarter in aug. 2016

excess period is three months and they also deduct house rent for this period.

then why are they are charged a huge amount of fine.

if we are not paid house rent than we are liabe to fine.

please give advice us to avoid this fine..
naveen sharma (Querist) 14 April 2017
Sir,

Please let me know what should I do, to avoid this penalty.
Sudhir Kumar, Advocate (Expert) 14 April 2017
"excess period is three months and they also deduct house rent for this period."

you decide to be as vague as possible. You are not clarifying from where they have deducted the HRA. When employee is died there is no salary from where HRA could be deducted.

Is thia HRA deduction is in addition to the licensee fee/rent and interest thereon.

Sudhir Kumar, Advocate (Expert) 14 April 2017
"then why are they are charged a huge amount of fine."

this forum is not at all to be taken as spokesperson of Haryana Police. This "why" is to be asked from them only.

You are not at all intimating whether you have represented to the appropriate authority or not.





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