AGNELO ARTHUR JOAQUIM FERNANDES, SON OF JOAQUIM FERNANDES Vs. CHIEF SECRETARY, GOVERNMENT OF GOA, SECRETARIAT, PORVIM, GOA

JUDGEMENT

(1.) By this Petition, the Petitioner has challenged the order dated 26 September 2017 issued by the Chief Secretary, Government of Goa. By the impugned order, the Chief Secretary has imposed a penalty of withholding of increments of pay for the next three years, as provided under Rule 11 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

(2.) The Petitioner joined the services of the State Government as a Joint Mamlatdar on 5 February 1996. The Petitioner was promoted as a Class I Officer in the Goa Civil Service in the year 2011. The Petitioner was sent on deputation to the Ministry of External Affairs, Government of India as a Passport Officer. The Petitioner, accordingly, joined in the Ministry of External Affairs in the Passport Office at Panaji from 10 April 2013 to 8 April 2016. It appears that there was a complaint lodged with the CBI (ACB), Goa. The CBI registered an FIR on 7 September 2015 and a search of the Passport Office and the residence of the Petitioner was also conducted. The Petitioner applied for and was granted an anticipatory bail. While the Petitioner was on deputation with the Government of India, a notice came to be issued to the Petitioner on 17 March 2016. The Petitioner gave his reply on 30 March 2016 and denied the charges. The Petitioner, thereafter, received a communication on 28 September 2017 issued by Respondent No.1 imposing a minor penalty.

(3.) We have heard Mr. Carlos Ferreira, learned Counsel for the Petitioner and Mr. Sagar Dhargalkar, learned Additional Government Advocate for Respondent No.1.