HANAMATARAO M. KULKARNI Vs. STATE OF GOA

JUDGEMENT

(1.) This petition, under Articles 226 and 227 of the Constitution of India, is directed against the order dtd. 22/11/2013 passed by the Secretary (Power)/Appellate Authority, Government of Goa, imposing a minor penalty upon him, as per the provision contained under Rule-11(iv) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

(2.) The case of the petitioner is that he was recruited in the Electricity Department, Government of Goa, in the year 1983 and during the relevant period posted as Junior Engineer (Electrical) at Panaji. He was, by an order dtd. 09/02/2011, placed under suspension in contemplation of a disciplinary enquiry. The respondent No.3, therefore, in exercise of its power under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 directed that a departmental enquiry be held against the petitioner, inter alia, on the grounds that the petitioner had frequently remained absent from duties unauthorizedly and had not attended the official correspondence.

(3.) An enquiry was held into the said charges. The Enquiry Officer recorded a finding that the charges levelled against the petitioner have been proved. The Disciplinary Authority accepted the findings and passed an order imposing upon the petitioner major penalty of reduction to a lower stage in the time scale of pay for the period of five years. The suspension of the petitioner was also revoked by the said order.