New Delhi, February 18 Observing that nepotism and self-aggrandizement are anathema to a democratic system, the Supreme Court has cancelled the allocation of two flats by a Haryana government housing society to a governing body member and his subordinate.
A bench of Justices Sanjay Kumar and K Vinod Chandran overturned an order of the Punjab and Haryana High Court, which had refused to intervene in the allocation process.
It said that the allocations made to a governing body member and his subordinate were arbitrary, biased, and violated the society's own eligibility criteria.
"Nepotism and self-aggrandizement are anathema to a democratic system, especially when it happens within a society comprising members of the government service, enabling housing facilities to its members through transparent allocation," the bench said.
The top court was hearing a plea filed by one Dinesh Kumar, a member of the HUDA, Urban Estate and Town and Country Planning Employees Welfare Organisation (HEWO), challenging the allocation of two high-end, super deluxe flats.
Kumar challenged the allocation of the super deluxe flats to two persons, alleging them to be ineligible and accusing HEWO of favouritism.
The top court said that the appellant applied under the advertisement and was eligible on all counts, satisfying both the deputation period and the basic pay requirements.
"There could have been no preferential allocation given to the governing body member who was not even satisfying the six-month deputation period in the service of HUDA. We find absolutely no reason to uphold the allocation made to the third respondent, which is a clear act of favouritism and blatant display of self-aggrandizement," the bench said.
Considering the gross abuse of power and authority carried out, the apex court overturned the high court's judgment and imposed a cost of Rs 1 lakh on HUDA, with further costs of Rs.50,000 on the third respondent (BB Gupta) and Rs 25,000 on the fourth respondent (Puran Chand).
"The second respondent (HUDA) shall pay Rs.50,000 to the appellant as litigation expenses, and the balance shall be deposited with the Legal Services Committee of the Supreme Court, with whom the third and fourth respondents shall also deposit the costs imposed on them, within a period of two months."
"We make it clear that the costs imposed on the second respondent will be recoverable from the governing body members, except the third respondent, on whom we have separately imposed costs, which the second respondent will be entitled to proceed with after issuing notice to the members of the Governing Body, who took the decision for allocation," the bench said.
The top court made it clear that the entire amounts deposited by the third and fourth respondents shall be refunded to them within a period of one month without any interest, and they shall vacate the premises within one month of the refund.