LAWS(BOM)-2013-3-63

GOKULDAS V. VOLVOIKAR Vs. STATE OF GOA

Decided On March 18, 2013
Gokuldas V. Volvoikar Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) HEARD Mr. D. Pangam, learned counsel appearing for the petitioner and Ms. N. Kholkar, learned Additional Government Advocate appearing for the respondents.

(2.) BY this petition, the petitioner has challenged the order dated 27.03.2006 passed by respondent no.2 imposing major penalty on the petitioner pursuant to the departmental inquiry conducted against the petitioner.

(3.) MS . N. Kholkar, learned Additional Government Advocate appearing for the respondents states that the respondents will have no objection if the petition filed by the petitioner is treated as an appeal to the State Government and the respondents will not take up the issue of limitation and the Appellate Authority would treat the Writ Petition filed by the petitioner as an appeal preferred under the Central Civil Services ( Classification, Control and Appeal ) Rules, 1965. Shri D. Pangam, learned counsel appearing for the petitioner states that he will supply the copy of the petition along with annexures to Ms. N. Kholkar, the Additional Government Advocate within a period of four weeks. Ms. N. Kholkar, learned Additional Government Advocate submits that she will forward the same to the State Government for decision in accordance with the said Rules within a period of two weeks from the date of receipt of the copy of petition along with annexures. The Appellate Authority would treat the copy of the Writ Petition as an appeal under the Rules and dispose of the same in accordance with law within a period of 12 weeks from the date of receipt of the copy of Writ Petition from the learned Additional Government Advocate after giving opportunity of being heard to the petitioner. The statement made on behalf of the respondents is accepted.