PRITESH V. NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) We propose to dispose of these three writ petitions by this common order.

(2.) Pritesh V. Naik (hereafter "Pritesh", for short) and Santosh K. Gawas (hereafter "Santosh", for short) were members of the Police force, while Sahadev Sawal (hereafter "Sahadev", for short) is still in service. All the petitioners were proceeded against departmentally. Enquiry conducted into the charges framed against the petitioners resulted in findings being returned by the Enquiry Officer that the charges levelled were proved, meaning thereby that they were guilty. Copies of the enquiry report were furnished to each of the petitioners seeking explanation as to why the enquiry report should not be accepted and penalties not imposed on each of them. It was proposed that Santosh would be reduced in rank from that of Head Constable to Police Constable. In so far as Pritesh and Sahadev are concerned, it was proposed to impose on them the penalty of reduction of pay to a lower stage in the time scale of pay by 3 stages and 2 stages, respectively. The petitioners represented against the enquiry report and claimed that they ought not to be punished. The Disciplinary Authority of the petitioners, however, did not agree with the explanations offered by the petitioners and by an order dated 7th November, 2012 imposed on Santosh and Pritesh, the penalty of dismissal from service, and on Sahadev, the penalty of reduction in pay by 3 stages, in terms of the provisions contained in the Goa Police Subordinate Service (Discipline & Appeal) Rules, 1975. The order of the Disciplinary Authority was carried in appeal by all the three petitioners. By a cryptic order dated 21st January, 2013, the Appellate Authority dismissed the appeals and affirmed the orders of penalty passed by the Disciplinary Authority. The appellate orders were, thereafter, subjected to revision before the Chief Secretary, Goa by the petitioners. By a common order dated 9th October, 2013, the Chief Secretary dismissed the revision petitions.

(3.) In these writ petitions, the revisional order of the Chief Secretary is under challenge, together with the orders of the Disciplinary Authority and the Appellate Authority, which have since merged in the revisional order.