This Article is From Jul 06, 2013

Supreme Court voices concern on overstay of MPs, officials in government residences

Supreme Court voices concern on overstay of MPs, officials in government residences
New Delhi: The Supreme Court on Friday voiced its concern over former ministers, Members of Parliament, retired judges and government officials staying in government accommodation even after demitting office or retirement.

"It is unfortunate that the employees, officers, representatives of people and other high dignitaries continue to stay in the residential accommodation provided by the Government of India though they are no longer entitled to such accommodation," a bench of justices PS Sathasivam and Ranjan Gogoi observed.

It fixed a time limit of 30 days for judges to vacate the premises from the date of their superannuation. For others, it set a time-frame ranging from four to eight months, adding a stay beyond this period will be treated as unauthorised occupation. 

"Since allotment of government accommodation is a privilege given to the Ministers and Members of Parliament, the matter of unauthorised retention should be intimated to the Speaker/Chairman of the House and action should be initiated by the House Committee for the breach of the privileges which a Member/Minister enjoys and the appropriate Committee should recommend to the Speaker/Chairman for taking appropriate action/eviction within a time bound period," the Bench directed.

It also suggested that there must be some provision for stoppage or reduction in the monthly pension till the date of vacation of the premises. As a precautionary measure, the bench said, "A notice should be sent to the concerned party three months prior to the date of his/her retirement giving advance intimation to vacate the accommodation."

The court passed the order on an appeal filed by one Karnataka government employee who has approached the Supreme Court challenging an order passed against him for not evicting a government quarter.

The Supreme Court, while hearing his plea, extended the ambit of the petition and issued notice to all state governments on the issue of illegal occupation by government employees.
.