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Judgment
O R D E R
By Hon’ble Dr.Chhabilendra Roul, Member (A):-
The applicant has come in the present Original Application against the order dated 16.11.2022 passed by the Special Commissioner of Police of Delhi. The above mentioned order upheld the order of cancellation of the applicant’s allotment of Government Quarter No. J-3, Type –II, New Police Line Delhi and allotted alternative accommodation vide order dated 21.7.2021.
The applicant is an ASI in Delhi Police, (PIS No.28882637). The aforementioned quarter was initially allotted to his father, who was also in Delhi Police. This quarter was regularized in the name of the applicant vide order dated 19.11.1990.
On 22.12.2020 and 11.01.2021 Shri S.K. Singh, the then DCP operations and communications addressed two complaints to Policy Authorities regarding unauthorized construction by the present applicant. Shri S.K.Singh, DCP was also staying in a quarter on the back side of the quarter occupied by Shri Satpal Singh the present applicant. On receipt of the complaints the matter was investigated by Additional Commissioner of Police on 14.1.2021, who found that occupant of Government Quarter No. J-2, Type-II, namely ASI Shri Shiv Singh has raised boundary wall and similarly the present Applicant occupant of quarter No.J-3 of Type -II had also tried to raise boundary wall on the back side of his quarter, occupying the pavement just opposite to the house of Shri S.K.Singh, i.e., Quarter No.E-5, Type -4, New Police Line. The inquiry report also mentioned that the applicant had unauthorizedly opened a gate to Pumbari Road on the back side of his quarters whereas the legal entry in this quarter is from other side. The Inquiry Officer found that both occupants of government quarters J-2 & J-3 Type-II New line ASI Shri Shiv Singh and the present applicant respectively have violated the provisions of in Para –XXVI of Standing order No .03/2015. Therefore, the show cause notice was issued to the applicant, vide office memo no.1449-50/QAC/NR-1/PHQ dated 12.2.2021 and also to ASI Shiv Singh vide another memorandum proposing the cancelation of their government quarters. Vide another inquiry report dated 3.2.2021 by DCP 1st Bn. DAP (Estate Officer), it was also revealed that Shri S.K.Singh, who submitted the initial complaint had also made unauthorized construction of one room by covering the back side of government quarter No.E-5 Type-4, New Police Lines. A Show Cause Notice was also issued for cancellation of his government quarter on 3.3.2021.
In the meanwhile, cross FIRs No. 351/21 and 352/21 were registered by ASI Shri Satpal as well as SI Shri Shiv Singh against each other. After issuing the Show Cause Notice and finding his reply unsatisfactory the allotment of quarter allotted to Shri S.K.Singh, DCP was cancelled, vide order date 21.7.2021. Similarly, the allotment to ASI Shri Shiv Singh was also cancelled because of unauthorized construction and encroachment vide order dated 21.7.2021
In response to the Show Cause Notice, the present applicant submitted his replies on 16.2.2021 and 19.2.2021 The competent authority, on perusal of reply submitted by the applicant to the show cause notice and considering the report of DCP 1st Bn. DAP on 18.6.2021, came to the conclusion that the allotee of Quarter No.J-3 Type-2 New Police Line had unauthorizedly constructed a boundary wall on the pavement which has since been removed by him. However, two additional rooms and one iron gate with car shade on the back side of his quarter were still existing unauthorizedly. The Additional DCP, North West District also submitted his report on 8.7.2021 giving details of complaints and counter complaints and the frequent quarrel between the applicant and Shri S.K.Singh, DCP. It has also been categorically mentioned in the said report that several efforts were made for ensuring maintenance of peace in between the applicant and Shri S.K.Singh DPC but all was in vein. The cross FIRs also revealed that the relation between the applicant and of Shri S.K.Singh DCP was not harmonious and the applicant was not found having harmonious relations with his neighbor due to which the peaceful atmosphere in the colony has been vitiated. In light of the reasons, the competent authority has cancelled allotment of the Government Quarter No. J-3, Type –II New Police Line, New Delhi. Vide his order dated 21.07.2021. The applicant filed an appeal against the above order of cancellation of his government quarters. The same was considered and rejected by the Special Commissioner of Police vide order dated 16.11.2021. Being aggrieved, the applicant has come in the present O.A. to this Tribunal.
On admission of the OA notices were issued to the respondents and they have filed their counter affidavit to which the applicant has also filed his rejoinder to the same.
The main grounds taken by the applicant in his OA as well as reiterated by his counsel during the argument is that DCP, General Administration Delhi, the Competent Authority while cancelling the allotment of Government Quarter No. J-3, Type-II New Police Line and the Special Commissioner of Police vide order dated 16.11.2022 while rejecting the appeal of the applicant have not taken into consideration the disproportionate bad behavior of Sh.S.K.Singh, DCP. All the events, F.I.R.s, and the Reports by the Inquiry Officer suggest to behavior of Shri S.K. Singh, DCP, as unbecoming of an officer. In all those episodes, Shri S.K.Singh, DCP was responsible for vitiating the harmonious relations in the colony. Hence the cancellation of government quarter allotted to Shri S.K.Singh, DCP No. E-5 Type-IV was justified and because the present applicant was not at fault for creating any disharmonious relationship, his allotment should not have been cancelled because of the disharmonious relations prevailing in the colony. The other grounds taken by the applicant and his counsel is that the show cause notice issued to the applicant does not show that he was responsible for unauthorized construction of additional two rooms in Quarter No. J-2 Type –II, Police Line New Delhi. He had occupied the house and these additional constructions were existing at the time of his allotment. The Show Cause Notice (Annexure A-5) stated that the applicant has only raised the illegal boundary wall occupying the pavement on Pumbari Road and parallel to Bhamasha Marg and he has also opened a gate at Pumbari Road on the back side of his quarters whereas legal entry is from other side. The show cause notice has never mentioned that he had constructed additional rooms in quarter No. J-3, Type –II. However, the order dated 21.7.2021 by the DCP General Administration mentions:
“On perusal of the Show Cause Notice, your reply to the Show Cause Notice and the report of DCP/1st Bn. DAP dt. 18.6.2021 has come to the conclusion that you, the allotee of Govt. Quarter No. J-3, Type-II, New Police Lines, Delhi had unauthorized constructed a boundary wall on the payment which has since been removed by you. However, 02 rooms and 1 iron gate with a car she is till existing unauthorizedly in the backside of your Qtr which is a clear violation of provisions of Para XXVI of S.O. No. 03/2015. The said report clearly provides that you have illegally constructed 2 rooms & 1 iron gate with a car shed in the backside of your Qtr. And have now removed the unauthorized boundary wall.”
The learned counsel for the applicant averred that the plain reading of this order shows that this has not been part of the show cause notice and the DCP has gone beyond the show cause notice and relied upon the report of the DCP 1st Bn. DAP dated 18.6.2021 to rely on additional evidence. Similarly, the learned counsel for the applicant argued that order dated 16.11.2022 by the Special Commissioner of Police in respect of the appeal by the applicant against the order dated 21.7.2021 has blindly relied upon the order of the DCP as well as the previous reports of the Inquiry Officers. In view of the above, the learned counsel for the applicant stated that there is bias on the part of the competent authority ie. DCP as well as the Special Commissioner of Police (Appellate Authority) against the applicant. They have not appreciated the differential culpability of Shri S.K. Singh and the present applicant in vitiating the harmonious atmosphere in the locality and have gone beyond the details given in the show cause notice and relied upon the additional evidence while cancelling his allotment of government quarters.
The learned counsel for the respondents in their counter affidavit have given the details of the instances and the reports given by the two Inquiry Officers: (i) spot inquiry conducted by Additional Commissioner of Police/ DAP-II on 14.1.2021 and (ii) inquiry report dated 3.2.2021 from DCP 1st Bn. DAP (Estate Officer). From all these, the counsel for the respondent averred that there was vitiation of harmonious atmosphere in the said colony because of the allegations and counter allegations and frequent quarrels between the applicant and Shri S.K.Singh, DCP. Similarly , it has been conclusively proved that unauthorized constructions had been undertaken by the present applicant, Shri S.K.Singh, DCP and ASI Shiv Singh in their respective quarters. In view of this, he stated that there is no discrimination against any of these officials. To maintain harmonious relationship and also to pavement of unauthorized constructions in government quarters, the Police Authorities have taken the decision to cancel the respective allotments and provided alternative accommodation to them. In view of this, there is no cause of action for the applicant to come to this Tribunal in the present OA. There is no miscarriage of justice and there is no bias in the decision by the competent authority as well as the appellate authority. In view of this, the OA is without merit and it should be dismissed.
I have gone the records of the case thoroughly and heard the arguments carefully. It is admitted fact that there was disharmonious atmosphere in the residential colony of Police Line because of frequent quarrels between the applicant and Shri S.K.Singh, DCP. This is sufficient reason to re-locate the officials from the present government quarters to alternative accommodations. But in the instant case, it has been proven by the spot report dated 14.1.2021 by Additional Commissioner of Police and subsequently detailed report by DCP 1st Bn. DAP Delhi dated 3.2.2021 that all the three occupants of government quarters the present applicant (J-3 Type –II), Shri Shiv Singh ASI ( Quarter No. J-2 Type-II) and Shri S.K.Singh, DCP ( Quarter No. E-5 Type –IV) were found to have unauthorized construction in the respective government quarters. Whether additional two rooms and one iron gate with a car shed was constructed by the present applicant in Quarter No. J-3 Type-II or it was constructed by his father or his predecessor is a matter of detail. When the matter came to his notice, it was his bounden duty to inform that these additional construction existing in his quarters. Instead of that, the applicant started to demand the copy of lay-out plan of quarter No. J-3 Type II from the Police Authorities. Whether the present applicant has constructed the additional two rooms as well as the iron gate is immaterial. It has been proved from the inquiry report that he has also unauthorizedly constructed the boundary wall and unauthorizedly opened a gate towards Pambri Road. In view of this, the provisions of para XXVI of SO No.03/2015 are squarely attracted in case of the present applicant.
Moreover, before taking any action, adequate notice had been given to the applicant and he had been given opportunity to put his case before the competent authority and the appellate authority. In view of this, there is no miscarriage of justice and or violation of principle of natural justice by the competent authority while cancelation of the allotment of quarter No. J-3 Type-II to the present applicant.
In view of above, the OA is without merit and hence it is dismissed. No order as to costs.
All pending MAs are also disposed of accordingly.