The Division Bench of the High Court of Jammu and Kashmir and Ladakh has issued a directive to the UT Administration that requires the administration to inform the court by the next date of hearing about the type of accommodation provided to former Ministers, MLAs, and former bureaucrats, as well as the reasons behind such accommodation.
Based on the previous decision of the Division Bench, it can be inferred that while security cover may be granted to an individual, there is no requirement in law for the government to provide accommodation as well. There are also allegations of selective and biased evictions of 107 bungalows. The eviction notices had been given to others in 2018 as well, but accommodations were never vacated. More than that, no legal proceedings have been initiated against the occupants. The report submitted to the court did not provide any reasons for granting official accommodation to these individuals, except for their potential need for security cover. Therefore, the Division Bench has asked the administration to clarify the nature of the accommodation provided to these individuals and the reasons behind it before the next hearing.
As a general rule, government accommodations are typically allocated to serving ministers or officials based on specific rules and regulations. Once an individual ceases to hold the respective position, they are generally expected to vacate the accommodation. Failure to do so without any valid reason is a violation of the regulations governing the use of government properties. All ministerial bungalows are public properties funded by taxpayers’ money. When former ministers or officials continue to occupy these accommodations without authorization, it can be seen as a misuse of public resources. These properties are intended for the use of serving ministers and officials to carry out their official duties, not for personal use after their tenure ends. Allowing former ministers or officials to retain government accommodations gives them an unfair advantage over other citizens who do not have access to such privileges. It creates a perception of favouritism and undermines the principles of equality and fairness.
Even the Supreme Court’s recent judgments mark the borderlines. Ministers and elected representatives who unlawfully occupy government bungalows or exceed their authorised stay in such accommodations may face breach of privilege proceedings in Parliament. As per the Supreme Court, the problem of unauthorised occupation is prevalent across all branches of government, including the legislature, executive, and judiciary. To set an example and tackle this issue, the bench ruled that even judges must vacate government accommodation within one month of retirement. For other government servants, the relevant department will notify them about the need to vacate government quarters three months before their retirement. Failure to comply with the notice could result in a reduction of their pension, in addition to the embarrassment of being evicted forcibly.
With these clear-cut instructions, allowing unauthorised occupation of ministerial bungalows sets a precedent that undermines the integrity of the legal system and can lead to a culture of non-compliance with established rules and regulations. It can be viewed as a lack of accountability on the part of both the occupants and the government. The failure to take prompt action to address the situation can foster the perception that those in power are not held accountable for their actions.
Government officials and leaders are expected to set an example of ethical conduct and adherence to the law. The continued occupation can send a message that rules and regulations can be disregarded, which may have a negative impact on public trust and civic behaviour.
Courts are the last resort; better sense should prevail, and if not, then the government needs to address and rectify any instances of unauthorised occupation of government bungalows promptly and transparently. Doing so helps uphold principles of fairness, accountability, and responsible governance, sending a positive message to the public about the government’s commitment to following the law and serving the interests of all citizens.
Follow our WhatsApp channel
