Rajan Roy, J. - (1.) Heard Sri Jaideep Narain Mathur, learned Senior Advocate assisted by Sri Pranav Agrawal, learned counsel for the petitioner, Sri Ramesh Kumar Singh, learned Additional Advocate General along with Sri Rakesh Bajpai and Sri Tushar Verma, learned counsel, for the State of U.P.
(2.) The petitioner before this Court is the Lokayukta of Uttar Pradesh. He has challenged an order dated 03.12.2017 by which an earlier order dated 08.06.2016 allotting him a Type-VI accommodation at Gautam Palli Colony, Lucknow has been cancelled and in its place a lower category i.e. Type-V accommodation, has been provided to him at the Butler Palace Colony at Lucknow subject to the terms and conditions mentioned in the said order which includes the payment of rent as per the Rules applicable.
(3.) Sri Jaideep Narain Mathur, learned Senior Advocate appearing for the petitioner contended that after the petitioner's appointment as Lokayukta under Section 3 of the Act, 1975 vide order dated 29.01.2016 and on his joining on the said post on 31.01.2016, he was allotted House No. 22 in the Government Colony, Gautam Palli at Lucknow, which, on his request, was changed vide order dated 08.06.2016 and in its place he was allotted another House bearing No. 21 of the same category situated in the same colony, free of rent. However, to the utter surprise of the petitioner, on 03.12.2017, the impugned order was passed under the signatures of the Special Secretary and Estate Officer of the Government of U.P. cancelling the earlier allotment and in its place allotting another accommodation of an lower category in gross violation of Section 5(5) of the Act, 1975 read with Rule 10 of the Rules, 1981 in a most arbitrary and whimsical manner.;