IN THE HIGH COURT OF BOMBAY AT GOA
M.S.KARNIK, NIVEDITA P.MEHTA
Saba V.M. Da Silva S/o Late Francisco Xavier D’ Silva – Appellant
Versus
State of Goa – Respondent
JUDGMENT :
NIVEDITA P. MEHTA, J.
1. Rule.
2. Rule made returnable forthwith.
3. Heard finally with consent of the parties.
4. By the present petition, the petitioner is seeking to quash and set aside the report of High Level Fact Finding Committee dated 18.07.2023 with other ancillary reliefs such as quashing of charge sheet dated 13.01.2024 and suspension order dated 26.07.2023 issued to the petitioner.
Facts
5. The petitioner was appointed as lecturer at Govind Ramnath Kare College of Law, Margao Goa on 20.06.2001. The Petitioner has an unblemished cumulative service record of over 30 years and has served as a teaching faculty at various colleges and educational institutions which includes a teaching experience of over 23 years. The petitioner was appointed by Goa University as Dean of the Faculty of Law w.e.f. 01.03.2020 till 27.01.2022. The respondent nos. 4 and 5 until the academic year 2019-2020 independently carried out their admission procedure for the BA LLB (integrated five year course and LLB programmes.
6. The Directorate of Higher Education in the year 2021-22 convened a meeting of Principals of respondent no.4 (V.M. Salgaonkar College of Law) and respondent no. 5 (VVM’s Govin
Vijay Kumar Nigam (Dead) through LRs. Vs. State of M.P. and others
In disciplinary inquiries, evidence from preliminary inquiries cannot be used directly against an individual, ensuring adherence to natural justice principles.
Disciplinary proceedings must adhere to principles of natural justice, ensuring the accused has the opportunity to contest evidence; reliance on a preliminary inquiry report without proper associatio....
: : (1) To conduct departmental enquiry against a Government servant is not a casual exercise – It cannot be conducted with a closed mind – Enquiry officer has to be unbiased.(2) Evidence recorded in....
In disciplinary actions, adherence to procedural fairness and opportunity for defense is paramount; failure renders actions arbitrary.
Disciplinary inquiries must provide reasoned findings; failure to do so renders the inquiry invalid and the resulting penalties unsustainable.
The main legal point established in the judgment is that in domestic enquiries, the petitioner is not entitled to assistance of counsel as a matter of right, and the punishment of detention ordered b....
Writ petition maintainable despite alternative remedy where disciplinary proceedings violate natural justice by rejecting detailed reply to charge-sheet and failing to serve inquiry report properly a....
A person cannot be a judge in his own case and once, the disciplinary committee finds the incumbent guilty; they cannot sit in the judgment to punish the man on the basis of the opinion formed by the....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.