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Judgment
Om Prakash VII, Member (J)
The present O.A has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-
“(i) Issue an order or direction to respondents to set aside the impugned order dated 13.10.2023 passed by respondent No. 4
(ii) Issue an order or direction to the respondents to give permission to the applicant live in the Govt. Quarter No. 587 /12 with his family till completion of academic Session.
(iii) Issue an order or direction which the Hon’ble Tribunal deem fit and proper in the interest of justice.
(iv) Award cost in favour of the applicant”.
The brief facts of the case are that applicant was initially appointed on the post of Cleaner, a civilian post of 758 TPL ASC BN Jammu. Presently he is posted in the office of respondent NO.4. He has been allotted Govt. Quarter. No. 587/12 Triveni Vihar, New Cantt., Prayagraj. A show cause notice dated 10.10.2023 was issued to the applicant whereby he was warned not to get involved in drinking and intoxication when on duty. Applicant replied to the same vide his letter dated 11.10.2023. Thereafter respondent No. 4 passed the impugned order dated 13.10.2023 to vacate the aforesaid quarter. Applicant submitted a representation dated 14.10.2023 against the impugned order.
I have heard Shri S.K. Singh Vishisht, learned counsel for the applicants and Shri Chakrapani Vatsyayan, learned counsel for the respondents and perused the record.
Submission of the learned counsel for the applicant is that his daughter and son are getting education, which is just adjacent of the family quarter, thus, he is seeking to direct the competent authority not to vacate the quarter in question till completion of academic session. Learned counsel further submitted that it is incorrect to mention in the impugned order regarding allegation for uncontrolled consumption of liquor.
In rebuttal, learned counsel for the respondents argued that since applicant is habitual to use the uncontrolled liquor, thus family stayed adjacent to the house of applicant is complaining for disturbance.
I have considered the rival submissions advanced by the learned counsel for the parties and perused the records.
From the perusal of record, it is evident that respondent No. 4 has directed the applicant to vacate the Govt. Quarter NO. 587/12 Triveni Vihar, New Cantt., Prayagraj as applicant have failed to adhere to basic manners of staying in Government quarter where applicant regularly using uncontrolled consumption of liquor so that it has led to disturbance for other families and children staying adjacent to applicant. It is also evident from the record that applicant’s prayer in relief clause is that he be permitted to live in the Government quarter (disputed quarter) with his family till completion of academic session. When the applicant filed OA interim relief was allowed on dated 25.10.2023 permitting the applicant to continue in the government quarter till 29.02.2024 i.e. till completion of academic session. Since through the interim relief applicant has availed the quarter in question upto academic session which is also over, prayer made by the applicant to continue in the quarter in question on one ground or other ground is not liable to be allowed. Thus, no fruitful purpose will be served in keeping this O.A. pending. Since the relief claimed in the matter has already been availed by the applicant, thus OA is liable to be dismissed. Accordingly, it is dismissed. No order as to costs. All associated MAs stand disposed of.