PRAJYOT RAMCHANDRA KANDOLKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. S. Desai, learned Counsel for the petitioner and Mr. D. Shirodkar, learned Addl. Govt. Advocate for the respondent nos.1 to 3.

(2.) The challenge in this petition is to the order dated 5.8.2015 made by the Superintendent of Police (Traffic) dismissing the petitioner from service by invoking the provisions of Article 311(2) (b) of the Constitution of India read with relevant Service Rules applicable to the petitioner.

(3.) Mr. Desai, learned Counsel for the petitioner submits that there is absolutely no material on record on the basis of which any subjective satisfaction could be arrived at to hold that it was not reasonably practicable to hold an enquiry into the alleged conduct of the petitioner. He submits that the only two reasons reflected in the impugned order are that the petitioner being member of the police force, will over awe the witnesses and that nobody will dare to depose against the petitioner in the course of regular departmental enquiry. Mr. Desai submits that these could never have been the reason to form an opinion that it was reasonably impracticable to hold an enquiry.