RAVINDRANATH A.N. GAONKAR Vs. CHIEF SECRETARY

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, is directed against the order dtd. 04/04/2014 passed by the Chief Secretary, Government of Goa and Appellate Authority, whereby the Appellate Authority has confirmed the major penalty of dismissal from service, imposed upon the Petitioner and dismissed the appeal filed by the Petitioner.

(2.) The Petitioner was in service of the Respondent - State of Goa and while he was posted at Margao sub-jail cum judicial lockup as an Assistant Jailor, he remained unauthorizedly absent which resulted into escape of 14 under trial prisoners on 16/9/2007. Hence, a departmental enquiry was initiated against the Petitioner, inter alia, on the grounds that the Petitioner, while functioning as an Assistant Jailor during the period from 12/5/2007 to 16/9/2007, at the judicial lockup Margao, committed misconduct inasmuch as he failed to ensure proper functioning of the judicial lockup by remaining absent on duty unauthorizedly from 13/9/2007 to 16/9/2007 and showing no devotion to duties at all. From the date he was appointed at the Judicial Lockup, Margao, he miserably failed to maintain proper control and supervision over his sub-ordinate staff as he remained absent frequently. This lack of devotion to duties proved costly, as on 16/9/2007, 14 under trial prisoners escaped from the Margao judicial lockup.

(3.) As the inquiry was held into the said charges, the Enquiry Officer recorded a finding that the charges leveled against the Petitioner have been proved. The Disciplinary Authority accepted the findings and passed an order imposing a major penalty on the Petitioner, of dismissal from service. A statutory appeal was thereafter taken by the Petitioner to the Respondent no.1 being an Appellate Authority. The Appellate Authority, however, found no illegality or irregularity in the impugned order passed by the Disciplinary Authority and the appeal was accordingly dismissed. Aggrieved thereby, the Petitioner has filed this petition urging various grounds.