Section 22 in Allotment of Government Residences (General Pool in Delhi) Rules, 1963
22. Consequences of Breach of Rules and Conditions.
(1)If an officer to whom a residence has been allotted, unauthorisedly sublets the residence or charges (licence fee) from the sharer at a rate which the Directorate of Estates consider excessive, or erects any unauthorised structure in any part of the residence or uses the residence, or any portion thereof for any purposes other than that for which it is meant or tampers with the electric or water connection, or commits any other breach of the rules in this Division or of the terms and conditions of the allotment or uses the residences or premises or permits or suffers the residence or premises to be used for any purpose which the Director of Estates considers to be improper, or conducts himself in a manner which in his opinion is prejudicial to the maintenance of the harmonious relations with the neighbours or has knowingly furnished incorrect information in any application or written statement with a view to securing the allotment, the Director of Estates may without prejudice to any other disciplinary action that may be taken against him, cancel the allotment of the residence.Explanation. - In this sub-rule the expression 'Officer' includes unless the context otherwise requires, a member of his family and any person claiming through the officer.(2)If an officer sublets a residence allotted to him or any portion thereof or any of the out-houses, garages or stable appurtenant thereto, in contravention of these rules, he may without prejudice to any other action that may be taken against him, be charged such damages from the date of cancellation of allotment as may be fixed by the Central Government from time to time in this respect.(3)Where action to cancel the allotment is taken on account of unauthorised subletting of the premises, the allotment shall be cancelled with effect from the date of issue of the orders for the cancellation of the allotment.(4)Where the allotment of a residence is cancelled for conduct prejudicial to the maintenance of harmonious relation with neighbours, the officer at the discretion of the Director of Estates may be allotted another residence in the same class at any other place.(5)The Director of Estates shall be competent to:-(a)take all or any of the actions provided under sub-rules-1 to 4 above;(b)declare the officer to be ineligible for allotment of residential accommodation for the remaining period of his service;(c)intimate to the Ministry or Department of the officer for initiating disciplinary proceedings for major penalty under the relevant rules.".(6)Where any penalty under this rule is imposed by any officer of the rank of Deputy Director of Estates, the aggrieved person may within thirty days of the receipt of the orders by him or his employer imposing the penalty, prefer an appeal to the Director of Estates or to the Additional Director of Estates and such persons shall be heard in person on the date intimated by Directorate of Estates in such order.(7)The original order imposing the penalty shall stand unless it is modified or rescinded as a result of the representation.Government Instructions:(i)Disciplinary proceedings against persons who fail to vacate government accommodationGovernment accommodation must be vacated on the expiry of the allotment period, especially in the case of temporary allotments for marriage purposes and that they will be liable to appropriate disciplinary action in case of failure to do so. They are also requested to take necessary action immediately whenever a case of non-vacation of Government accommodation is reported to them by the Directorate of Estates.(DE. OM. No.18011(1)/72-Pol.I dated 21-7-1972)(ii)Cancellation of allotment, if previous quarter is not vacated after possession of a quarter allotted in changeFailure to vacate the previous accommodation also amounts to breach of terms & conditions in respect of the second quarter given to the allottee which is only in lieu of the first quarter. As such, the allotment of the quarter given in change can be cancelled under the Rules if the previous quarter is not vacated by the allottee. An opportunity may be given to the allottee to explain his case before the cancellation is done. The concerned Deputy Directors may hear such cases and decide them at the earliest.(DE OM. No.12035 (6)/88-Pol.II dated 4.10.1988)(iii)Shifting of residents in case of quarrels between neighboursIt has since been decided that:(1)The complaints about the quarrels between neighbours in Government colonies would be examined in detail by the Chief Welfare Officer, Ministry of Home Affairs, who would make his recommendations to the Directorate of Estates.(2)The allottee of Government accommodation found guilty would be shifted to another quarter in the same locality but at a distance from the residence of the allottee with whom he had picked up quarrel; or to another nearby or remote locality depending upon the nature of the offence;(3)If the allottee so shifted to another place again picks up quarrel with his neighbours, his allotment would be cancelled and he would be debarred from allotment of Government accommodation for a period varying from one to two years depending upon the nature of offence.(4)If the Government servant after expiry of one or two years as the case may be, is allotted Government accommodation and again picks up a quarrel with his neighbours(s) and is found guilty, he would be declared ineligible for allotment of Government accommodation permanently. The conclusions reached in such cases would be put up to the Minister of Urban Development for his approval.(DE. No. 12035/16/2005-Pol.II dated 6.9.2005)(SR 317-B-22)
