B.S. VAZ Vs. THE CHAIRMAN & ORS.

JUDGEMENT

(1.) The penalty of compulsory retirement was imposed on the Petitioner by an Order dated 12th April, 1984, confirmed by the appellate authority, by another Order dated 17th July, 1987. Petitioner challenges these two Orders in this Writ Petition under Articles 226 and 227 of the Constitution of India and prays that they be quashed and set aside and he be declared to continue in service, and further that the Respondents be directed to pay him all the emoluments and other benefits due to him.

(2.) Petitioner was initially appointed as Deputy Fire Officer in Mormugao Port Trust on 6th March, 1964, and then, promoted to the post of Fire Officer on 10th May, 1973. By a memorandum dated 26th May, 1982, the disciplinary authority proposed to hold an inquiry against him under Regulation 11 of the Mormugao Port Employees (Classification, Control and Appeal) Regulation, 1964 hereinafter referred to as "the Regulation", and called upon him to submit his defence. Thereafter, the second Respondent appointed the third Respondent as Inquiry Officer and one V.A. Joseph as Presenting Officer. The inquiry was thereafter started, but some, additional charges were added by memorandum dated 16th March, 1983, and finally, by another memorandum dated 13th Feb., 1984, the third Respondent purporting to act by order and in the name of the first Respondent, informed the Petitioner that the disciplinary authority, after considering the report of the Inquiry Officer and the nature of the charges proved, proposed to compulsorily retire him with immediate effect, and therefore, called upon him to submit his representation against the proposed penalty. Then, ultimately, by a memorandum dated 12th April, 1984, published in the daily The Navhind Times, the third Respondent, purporting to act by order, stated that the disciplinary authority had come to the conclusion that the charges Nos. I, II, III, VI, VII, IX and X were proved, and further, that the competent authority ordered that the Petitioner be compulsorily retired from the services of the Mormugao Port Trust with immediate effect.

(3.) Being aggrieved, Petitioner appealed against the said Order to the Central Government, but without success, as the fourth Respondent rejected the appeal by Order dated 6th Feb., 1985, communicated to the petitioner by letter dated 15th Feb., 1985. Petitioner, then, addressed letters to the first and fourth Respondents requesting for a copy of the Order and of the findings, since he was merely informed that his appeal had been rejected. No reply was, however, given to such letters, and therefore, Petitioner finally approached this Court with a Writ Petition, being the Writ Petition No.99 of 1985. By judgment dated 16th Jan., 1987, the Division Bench of this Court quashed the Order dated 6th Feb., 1985, and remanded the case to the Central Government for disposal of the appeal on merits and in accordance with the Regulation 25(2) of the Regulations.