Court Orders Inquiry Into Official Collusion Allowing Prolonged Occupation of Earmarked Housing
The Himachal Pradesh High Court, in a significant ruling, has dismissed the petition of Dr. Narender Kumar Bhardwaj, a former Medical Officer, challenging the imposition of penal charges for the unauthorized retention of government accommodation earmarked for medical officers. The decision, delivered by Justice Ajay Mohan Goel, emphasizes the legal obligation of government officers to vacate such accommodations upon transfer and highlights the accountability of officials in preventing misuse of public resources.
Dr. Bhardwaj had occupied a Type-IV Departmental Government Accommodation in Hamirpur for over a decade after his transfer to Shimla in 2017. The court noted that the accommodation was specifically earmarked for medical officers and not for non-medical personnel, such as Dr. Bhardwaj’s wife, who served as a Lecturer and later as a Principal. Despite multiple communications from the government, Dr. Bhardwaj continued to occupy the accommodation, resulting in the imposition of damage charges amounting to Rs. 12,90,959.
The court rejected the petitioner’s argument that he should be allowed to retain the accommodation due to his wife’s government service in a nearby district. It was observed that the accommodation was not part of the General Pool but was specifically allocated for medical officers, making Dr. Bhardwaj’s continued occupation unauthorized and legally untenable.
Justice Goel further directed the Principal Secretary (Health) of the Himachal Pradesh Government to initiate an inquiry against officials who facilitated Dr. Bhardwaj’s prolonged retention of the accommodation. The court underscored the need for accountability among officers who enabled such misuse of government resources.
The court concluded that Dr. Bhardwaj’s actions, including obtaining additional government accommodation in Shimla, demonstrated a disregard for the rules governing government housing. Consequently, the petition was dismissed with costs, and Dr. Bhardwaj was ordered to pay Rs. 50,000 to the "Chief Justice Disaster Relief Fund 2025."
The ruling sends a strong message regarding the misuse of government accommodations and the importance of adherence to housing allotment rules. The court has scheduled further proceedings to ensure compliance with its orders and to review the outcomes of the inquiry into the officials involved.
Bottom Line :
Retention of earmarked accommodation by a government officer beyond the prescribed period is illegal, and the officer is liable for penal charges and damage charges for unauthorized occupation. Inquiry directed against officials enabling such retention.
Statutory provision(s): Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994, Rule 8(3)
Dr. Narender Kumar Bhardwaj v. State of H.P., (Himachal Pradesh) : Law Finder Doc id # 2950072
