S.A.BOBDE,J. - (1.) THE petitioner has by this petition under Articles 226 and 227 of the Constitution of India, impugned the memorandum dated 2.3.1989 by which the allotment of residential quarter of the petitioner has been cancelled and the petitioner has been held to be disentitled for 3 period of five years. He also seeks to set aside the eviction order dated 3.10.1989 and to set aside the impugned judgment and order of the Principal Judge dated 22.12.1989 passed in appeal against the eviction order.
(2.) THE petitioner was at the relevant time working as Lower Division Clerk in the Government Shipping Office i.e. Seamen's Welfare Office, Bombay. By virtue of his employment, he was allotted a residential quarter bearing quarter no.1765, Type-II, Sector V, Kane Nagar, Mumbai-400 037. According to the respondents, on 18.12.1988 a representative of the respondent no.1 visited the petitioner's premises for inspection. One Suresh Nair was found in the petitioner's premises. The respondent no.1, therefore, took the view that this amounts to sub-letting and issued a show cause notice dated 14-2-1989 asking the petitioner to show cause why the allotment of the residential quarter should not be cancelled on the ground of illegal sub-letting. The petitioner, during the course of hearing, produced several documents to show that the petitioner is very much in occupation of the residential quarter and has not sub-let the premises to Suresh Nair.
(3.) THE Estate Manager cancelled the allotment of the petitioner's quarter on the alleged ground of illegal sub-letting and debarred the petitioner for five years for any Government accommodation. An appeal preferred by the petitioner to the Deputy Director of Estates (Policy) was also rejected.;