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2018 Supreme(Bom) 469

C.V.BHADANG
Daniel Simao Baretto – Appellant
Versus
Goa University, Through its Vice Chancellor – Respondent


Advocates Appeared:
For the Petitioner:Nigel Da Costa Frias, Maria Correia, Advocates.
For the Respondent:Anarkali Agni, Sr. Advocate with M. Mody, D. Bakal, Advocates.

JUDGMENT :

1. The challenge in this petition, under Articles 226 and 227 of the Constitution of India, is to the penalty of compulsory retirement, imposed by the respondent on the petitioner.

2. The brief facts necessary for the disposal of the petition may be stated thus :

That, the petitioner was appointed as Laboratory Assistant by the respondent in the year 1991 and was posted in the University Work Division (UWD), Department of Zoology. In the year 2008, the petitioner came to be transferred to the Department of Microbiology.

3. The petitioner was served with a memorandum dated 11.05.2009 by the Vice Chancellor, who is the Disciplinary Authority, by which, a departmental inquiry was initiated against the petitioner under Rule 14 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (Rules of 1965, for short).

The petitioner was charged under three distinct heads of misconduct, namely :-

Article 1: Purposely delaying the file of the Day Care Centre to the Registrar's office, although, the matter was of urgent nature. It was alleged that the petitioner delayed the submission of the file, inspite of earlier penalty and warning issued on 05.07.2006. It was also al


































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