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2023 Supreme(Bom) 2070

M. S. SONAK, B. P. DESHPANDE
Guruprasad B. P. Mhapne – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
C.Padgaonkar, Advocate, Manish Salkar, Advocate

JUDGMENT/ORDER

M.S.SONAK, J. - Heard Mr Padgaonkar for the petitioner and Mr Manish Salkar, learned Government Advocate for the respondent - State.

2. The petitioner, who retired as a Deputy Superintendent of Police (Dy. S.P.), effective from 31/3/2016, challenges the impugned memoranda dtd. 7/2/2012 and 26/11/2015 seeking to initiate disciplinary proceedings against the petitioner for incidents that allegedly occurred between 28/1/2004 and 31/5/2005 when he was holding the additional charge of Dy. S.P. Airport Immigration at Dabolim Airport, Goa.

3. On 7/2/2012, the petitioner was served with a Charge Memorandum alleging that the petitioner had unauthorisedly managed to clear 85 housemaids for service to gulf countries through Dabolim Airport in violation of the applicable circulars/orders.

4. The petitioner filed a detailed reply on 30/4/2012 denying the charges and explaining how he was not concerned with the alleged charge. Upon receipt of the response, the respondents took no action against the petitioner for almost three years, leading the petitioner to legitimately believe that his reply was satisfactory, and all further proceedings were closed.

5. However, on 26/11/2015, the

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