HP High Court fines GAD Secretary Rs 50,000 for Illegal allotment of Government accommodation
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Terms out-of-turn allotment to driver as arbitrary, irregular, and illegal
Shimla, Nov 11,
In a strong indictment of administrative irregularities, the Himachal Pradesh High Court has imposed a fine of Rs 50,000 on the Secretary of the General Administration Department (GAD) for making an illegal allotment of government accommodation in violation of prescribed rules. The court also cancelled the controversial allotment and ordered that the fine amount be deposited in the Chief Justice’s Disaster Relief Fund.
A bench of Justice Jyotsna Rewal Dua observed that state officials failed to follow due legal procedures and acted “beyond jurisdiction” while making the housing allotment from the general pool. The court said the move reflected “arbitrariness and non-transparency” in the system.
The order came in response to a petition challenging two allotment letters dated January 5, 2024, and March 16, 2024, under which a government driver was granted accommodation out of turn, despite several senior and eligible employees awaiting allotment.
Terming the decision as “improper, grossly irregular, and illegal,” the court noted that the allotment was made “in undue haste” and in violation of Rule 8(7) of the Himachal Pradesh Government Accommodation (General Pool) Allotment Rules, 1994. The provision clearly stipulates that any out-of-turn allotment must be approved by the House Allotment Committee, not by the Principal Secretary (GAD).
“The authorities have not acted in accordance with law. Such actions undermine administrative fairness and transparency in the allotment process,” the court remarked in its order.
The bench directed the department to reconsider the applications of both the petitioner and the respondent driver within four weeks, ensuring that the process adheres strictly to the 1994 Allotment Rules and the Sumit Kumar judgment.
With this ruling, the High Court has reiterated that future government housing allotments must be strictly rule-based and uphold the principles of fairness, transparency, and equality among employees.
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