Also cancels out-of-turn allotment; directs review of applications under 1994 housing rules
TNR
SHIMLA: The Himachal Pradesh High Court has imposed a fine of Rs 50,000 on the Secretary of the General Administration Department (GAD) for violating official procedures in the allotment of a government residence. The court also struck down the housing allocation made from the general pool, terming it irregular and unlawful.
Justice Jyotsna Rewal Dua, while pronouncing the order, observed that the state authorities failed to follow due process while granting the government accommodation. The penalty amount has been directed to be deposited in the Chief Justice’s Disaster Relief Fund.
Out-of-turn accommodation to government driver
The high court annulled the housing allotment letters issued on January 5 and March 16, 2024, which had granted accommodation to a government driver on an out-of-turn basis. The bench noted that several other applications were pending at the time, but the driver’s request was processed ahead of them without justification.
Calling the decision “hasty and arbitrary,” the high court ruled that it violated Rule 8(7) of the Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994. Under this rule, the power to grant out-of-turn allotments rests solely with the House Allotment Committee, and not with the Principal Secretary of the GAD.
Directions for fresh consideration
The high court further directed officials to reconsider the applications of both the petitioner and the driver within four weeks, in accordance with the prescribed procedure under the 1994 rules and the principles set in the Sumit Kumar judgment.
Terming the entire process “improper, irregular, and illegal,” the high court underscored that adherence to established norms was crucial to ensure fairness and transparency in government housing allotments.
