IMELDA D SOUZA Vs. STATE OF GOA

JUDGEMENT

(1.) The Petitioners, who are the heirs and legal representatives of the original Petitioner, seek to quash Orders dated 24.04.2005 and 06.12.2005, being the Orders in Appeal and dismissal of the deceased wife of Petitioner no. 1-A. The original Petitioner, the deceased wife of Respondent No.1A, was serving as a cashier in Government Higher Secondary School, Lyceum, Panaji. She was initially placed under suspension pending a departmental inquiry. The departmental inquiry has resulted in her dismissal, and which has been confirmed in appeal.

(2.) The Petitioners claim that the inquiry has been conducted by an incompetent officer. The Respondents have shown the issue of Notification dated 01.12.2003 by the Additional Director/Vigilance in the name of the Governor of Goa specifying the Deputy Director (Adm) Education Department as the Adhoc Disciplinary Authority to conduct the inquiry against deceased wife of Petitioner no. 1-A. This Notification has been issued pursuant to Notification dated 24.11.2003 empowering the Addl. Director (Vigilance) as Ex-officio Joint Secretary (Vigilance) to issue the Notification with regard to the inquiry against the wife of the Petitioner no. 1-A. The authority conducting the inquiry was, therefore, duly appointed.

(3.) In the departmental inquiry, five separate charges have been framed against the wife of Petitioner no. 1-A. These relate to the misappropriation and forgery committed by her. The charges show that she, in the capacity as a cashier, made out various challans in triplicate for remitting the amount of undisbursed dues of the teachers and staff of the school to the Government Treasury and misappropriated an amount Rs.52,200/-. It is contended on behalf of the Government that upon receiving further documentary evidence, further such misappropriation has been brought to light which does not even form the part of the chargesheet. The chargesheet further shows forgery committed by her in signing the names of four teachers who were to be paid certain Efficiency Bar (EB) arrears. All the teachers have deposed before the Inquiry Officer that they have not received the amount shown as paid in the forged receipts.