RAJENDRA A HALDANKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard forthwith by consent. Learned Counsel for the respondents waive service.

(2.) On 14.6.2013, the Goa Public Service Commission had issued an advertisement for the post of Deputy Director (Fire Service). Pursuant to the said advertisement, the petitioner and the respondent no. 5 applied for the post. Petitioner's service conditions are governed by Goa General Services, Directorate of Fire and Emergency Services, Group "A" Gazetted Post Recruitment Rules, 2006.

(3.) On 18.12.2013 the Selection Committee/Interview Committee of the Goa Public Service Commission held the interview of the petitioner as also of the respondent no. 5 namely Nitin Raikar. From the official website of the Goa Public Service Commission, it was revealed that the respondent no. 5 has been selected. Information collected by the petitioner under the Right to Information Act,("the RTI Act" for short) discloses that inquiry/investigation was underway pertaining to the serious allegations of misconduct for causing loss of revenue to the Government and misappropriation of money against the respondent no.5. Even RTI information discloses that the Government has decided to go for minor penalties against the respondent no. 5 for not obtaining permission of the Competent Authority for pursuing L.L.B. Degree and U. K. Examination in terms of the Rules. One of the subject expert constituting the Selection committee/Interview Committee during the interview namely Shri Deepak Gaikwad was holding the post in the cadre of Kolhapur Municipal Corporation and thus was an officer not competent to judge the merit of the candidates, he being lower in rank, status and scale than compared to the post of Deputy Director (Fire Services).