HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 2701/2008 (OA No.1863/1995) Date of Decision: June 3, 2009 Ram Dyal Paswal ……. Petitioner Versus State of H.P. & Ors. ….. Respondents. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting? No For the petitioner : Mr. R. K. Gautam, Sr. Advocate with Ms. Archna Dutt, Advocate. For the respondents: Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A.G. and Mr. J. S. Rana, Asst. A.G. Sanjay Karol, J. (Oral) In the present petition, the petitioner has assailed the order dated 27.5.1995 (Annexure PD) and order dated 23.6.1995 (Annexure PF), whereby the respondents in supersession of Annexure PD have directed the recovery of a sum of Rs.4500/- from the petitioner for the alleged unauthorized occupation of police family quarter. The petitioner was posted as Assistant Public Prosecutor at Jogindernagar from October 1985 upto June 1987. He occupied the premises of police family quarter during the said period of his posting. The said premises were being used as office-cum-residence by the petitioner’s predecessor till December, 1984. The respondents have taken the plea that due to the bifurcation of the Prosecution Department from the Police Department, the petitioner was not entitled to use the said premises. Admittedly, the petitioner was serving the State while being 2 posted at Jogindernagar. It is correct that the petitioner was asked to vacate the premises but, however, it is equally true that with the bifurcation of the two departments, the state was to provide residential accommodation. The bifurcation of the two departments had nothing to do with the petitioner’s continuance in the premises. The matter had to be sorted out at the highest level by the authorities themselves. For the aforesaid reasons, the action taken by the respondents for recovering a sum of Rs.4500/- cannot be justified. The impugned Annexures are quashed. The respondents are directed not to recover a sum of Rs.4500/- from the petitioner. With the aforesaid observations, the present petition stands disposed of. ( Sanjay Karol ), Judge. June 3, 2009 (rana)