Rajasthan High Court Stays Dispossession From Govt Quarter After Noting Different Allegations In Notice & Impugned Order
The Rajasthan High Court has stayed the dispossession of a government employee from his official accommodation after finding that the allegation against him changed from unauthorised persons residing in the quarter to sub-letting of the premises in the subsequent cancellation order.
The bench of Justice Anand Sharma noted a “considerable variation” between the initial notice and the impugned order.
As per the petitioner, he was an Assistant Administrative Officer, who was allotted a house in Gandi Nagar, Jaipur, by the government. Standing Committee inspected the accommodation in July 2026, in the absence of the petitioner, during which his daughter was present.
Subsequently, a notice was issued to him with an observation that other people were residing in the house which was against the rules, and he was called upon to furnish an explanation.
The petitioner alleged that the notice did not include any enquiry report, and in the absence of any details, a brief explanation was filed by him. However, disregarding the same, the order dated August 3, 2026, was issued that cancelled his allotment of the house, holding that he was guilty of sub-letting the premises.
The petitioner argued that there was a considerable variation in the initial notice and the final order, presenting altogether different allegations. Further, it was submitted that when an enquiry was conducted by the Standing Committee, they were obligated to provide an enquiry report before passing the order. Hence, there was violation of principles of natural justice.
In this background, the Court granted time to the State's counsel to file a reply, and stayed the operation of the order.
The matter shall be next heard on September 28, 2026.
Title: Hari Om v State of Rajasthan
Counsel for Petitioner: Mr. Sunil Samdaria, Adv.; Mr. Arihant Samdaria, Adv.
Counsel for Respondent: Ms. Manju Joshi, AGC