GUNAJI K GOVEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. D. Pangam, learned Advocate for the petitioner and Mr. Pankaj Vernekar, learned Additional Government Advocate for respondent nos. 1 to 4. By this petition, the petitioner seeks quashing of the orders passed by respondent nos. 4 and 3 and further seeks writ of mandamus directing respondents to reinstate the petitioner back in service with all back wages and other statutory benefits.

(2.) In the year 2000, petitioner was working as Police Constable. On 1.8.2001, charge-sheet was issued to the petitioner under Police Subordinate Service (Discipline And Appeal) Rules, 1975 ('the Rules' for short) alleging that the petitioner had turned hostile in a Criminal Case. The petitioner filed reply. Respondent no. 5 submitted report to the disciplinary authority, i.e. respondent no. 4. Respondent no. 4 issued memorandum dated 29.1.2002 stating that he tentatively agreed with the findings of the Inquiry Officer. The petitioner was called upon to show cause as to why he should not be dismissed from the service. The petitioner showed cause. By order dated 15.3.2002 passed by respondent no. 4, respondent no. 4 imposed penalty of dismissal from services on the petitioner.

(3.) Aggrieved by the said order on 30.3.2002, the petitioner filed an appeal to respondent no. 3 who is appellate authority under the Rules. Respondent no. 3 by order dated 12.6.2002 dismissed the appeal preferred by the petitioner.