The court's decision comes after advocate Sandeep Mahapatra, appearing for the Centre admitted that the inspection report, which was prepared after visiting the residence of Shashi Bala, was not given to her
A government employee, who was forced to vacate her quarters by the Directorate of Estates — a body under the Ministry of Urban Development — finally got her accommodation back after she knocked on the High Court's door.
Justice Vibhu Bhakru directed the orders given by the Directorate of Estates to vacate the house and pay damages worth Rs 8,58,876, be set aside.
"This court is of the view that the principles of natural justice have been violated and the petitioner has not been provided adequate opportunity to meet the case set up against her," the court said in its order.
The court's decision comes after advocate Sandeep Mahapatra, appearing for the Centre admitted that the inspection report, which was prepared after visiting the residence of Shashi Bala, was not given to her.
Bala, employed in the Ministry of Shipping, filed a petition through her counsel Avadh Kaushik which said that she was allotted an accommodation in Lodhi Road. The said residence was inspected on August 2, 2016 following which the inspection team found the quarters to be completely or partially sub-let to some unauthorised persons.
With regard to this, on November 7, 2016, a showcase notice was issued to Bala seeking a reply as to why the allotment of the flat not be cancelled. The notice also asked why damages should not be charged to her.
Bala responded to the notice stating that she was residing in the flat. She also provided various documents like Aadhaar card, pass book, voter ID card etc, as proof.
However, the representation by Bala were not accepted and the Assistant Director (Estates) passed an order on January 19, 2017 directing her to vacate the house. It also added that the petitioner would be charging damages from her.
Aggrieved by this, Bala appealed at the Directorate of Estates stating that she did not have any clue on the grounds on which the officials conducting the investigation concluded that she was not residing at the accommodation.
The appeal was rejected and to her shock she received a demand of Rs 8,58,876 on account of damages on April 18 this year, following which she knocked the court's door and sought relief.
The court held that neither the show cause notice nor any relevant material has been put forth which stated that Bala had sublet the house.
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