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2023 Supreme(Bom) 1753

M. S. SONAK, VALMIKI SA MENEZES
Shri Tulshidas Shirodkar Assistant Engineer – Appellant
Versus
Chief Secretary State of Goa – Respondent


Advocates appeared:
Parikshit Sawant, Advocate, Vishwadh Sardessai, Advocate

JUDGMENT/ORDER

M.S.SONAK, J. - Heard Mr Pariskshit Sawant for the Petitioner and Mr Vishwadh Sardessai, learned Additional Government Advocate for respondents nos.1 & 2.

2. The Rule was issued in this petition on 31/1/2017, and the matter was directed to be placed for a final hearing in the first week of April 2017. However, the matter could only be taken up for final hearing on 25/4/2023.

3. The Petitioner, who retired from service as an Assistant Engineer in PWD on 31/10/2016, challenges Charge Memorandum dtd. 26/2/2016 based upon disciplinary proceedings which were sought to be initiated against the Petitioner. The Charge Memorandum alleges that the Petitioner visited a foreign country between 12/9/2010 and 18/9/2010 without the Government's prior approval.

4. Mr Sawant learned Counsel for the Petitioner submitted that specific authorization was granted to the Petitioner to travel abroad and attend a training program which had nexus with the discharge of his duties at the Sewage Treatment Plant, Tonca, where he was posted.

5. Mr Sawant submitted that for the incident of 2010, the impugned Charge Memorandum was issued in 2016, a few months before the Petitioner was to retire on attain

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