CWP No.15848-CAT of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.15848-CAT of 2003 DATE OF DECISION: April 27, 2009 SUBHASH CHANDER KHANNA ...PETITIONER VERSUS UNION OF INDIA & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MS. JUSTICE NIRMALJIT KAUR. PRESENT: MR. D.R. SHARMA, ADVOCATE FOR THE PETITIONER. MR. PUNEET JINDAL, ADVOCATE FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has impugned the order dated 13.1.2003 (Annexure P-4), passed by the Central Administrative Tribunal, Chandigarh Bench (for short 'the Tribunal') as also the orders dated 18.1.2000, 1.2.2000, 16.3.2000 and 27.4.2000, vide which the petitioner has been imposed with penal rent for subletting the Railway Quarter No.T-29'D' situated at Jalandhar to one Hari Kishan amounting to Rs.50,364/- and also imposed a penalty of withholding of one increment temporarily for one year. The petitioner who was working as Station Superintendent in Railways at Jalandhar was allotted Quarter No.T-29'D' at Jalandhar City. He was ordered to be transferred from Jalandhar City to Sarna on the same post and was to vacate the residential quarters on or before 30.4.1997. The petitioner vacated the residential quarter on 26.9.1998, and before vacating the quarter subletted the premises to one Hari Kishan. An enquiry was CWP No.15848-CAT of 2003 -2- conducted against the petitioner wherein it was found that the petitioner did sublet the premises to Hari Kishan on 26.9.1998. This fact is further proved from the statement made by Hari Kishan PW1 wherein he admitted that the premises had been given to him by the petitioner. On the basis of the enquiry report, the petitioner was imposed punishment as enumerated in the opening paragraph of the writ petition. Counsel for the petitioner submits that the charges against the petitioner were that he has subletted Railway Quarter No.T-29'D' to Hari Kishan w.e.f. May, 1997, whereas the same has not been proved by the enquiry officer and hence no punishment could have been awarded to him. Learned counsel further submits that the licence and demurrage rent have been charged from the petitioner w.e.f. 1.6.1997 to 4.6.1999, whereas, it has been found that premises had been subletted to Hari Kishan w.e.f. 27.9.1998. The argument of the counsel for the petitioner has been controverted by the counsel for the respondent appearing for Indian Railways. Mr. Puneet Jindal, counsel for the respondents submits that the petitioner was to vacate the Railway quarter on or before 30.4.1997 and as initially the petitioner and subsequently Hari Kishan have vacated the quarter on 4.6.1999, therefore, demurrage rent has rightly been imposed upon the petitioner. Learned counsel further submits that penalty of stoppage of one increment has also been justifiable to be imposed upon the petitioner. After hearing the counsel for the parties, we are of the considered view that the petitioner was working as Station Superintendent at Jalandhar City and had been ordered to be transferred to Sarna and was to CWP No.15848-CAT of 2003 -3- vacate Railway Quarter No.T-29'D' by 30.4.1997. Said premises was never vacated by the petitioner and infact on 26.9.1998, when he vacated the said premises, he subletted the same to Hari Kishan. Thus, the petitioner is not only guilty of over-staying, but is also guilty of subletting the premises to Hari Kishan. The Railway Authorities as well as the Tribunal have rightly imposed demurrage rent upon the petitioner w.e.f 1.5.1997 to 4.6.1999. The punishment of stoppage of one increment without cumulative effect has also been in consonance with the guilt of the petitioner. Accordingly, we find no merit in the writ petition and the same is dismissed. (ASHUTOSH MOHUNTA) JUDGE April 27, 2009 (NIRMALJIT KAUR) Gulati JUDGE