CHANDRAHAS D CHODANKAR Vs. STATE OF GOA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner prays that the orders dated 26-3-1999 and the order dated 12-10-1999 (Annexure P-l collectively) be quashed and set aside and the respondents be directed to reinstate him in service with full backwages and consequential benefits.

(2.) By the orders impugned in this petition, the petitioner challenges the imposition of major penalty of dismissal from services. This penalty was imposed by the Disciplinary Authority, Dy. Director (Vigilance), Government of Goa. In review petition, being Review Petition No. 5/99 which was filed by the petitioner before the Governor of Goa, the Governor of Goa has, by his order dated 12-10-1999 modified the punishment of dismissal from service and substituted it by compulsory retirement.

(3.) At the relevant time, the petitioner was serving as Asst. Director of Transport, Transport Department of Government of Goa. He joined the services in 1975 as Assistant Motor Vehicle Inspector on ad hoc basis and thereafter was promoted on 16-11-1984 as Inspector. His further promotion was Assistant Director of Transport which post he was holding when he was served with an order of suspension (Annexure P-2) dated 24-12-1996. The Governor of Goa invoked the powers conferred by sub-Rule (1) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short, "the CCS (CCA) Rules"). It was stated in the order of suspension that disciplinary proceedings are contemplated against the petitioner.