Disciplinary proceedings are upheld if charges are partly proved, given procedural fairness and evidence supporting findings, irrespective of discrepancies critiqued by the petitioners.

JUDGMENT :

M. S. SONAK, J.

1. Heard learned Counsel for the parties.

2. The learned Counsel for the parties agree that a common judgment and order can dispose of these petitions. In any event, these petitions arise from a common charge-sheet which was issued to each of the Petitioners, followed by a common inquiry report. Therefore, all these petitions are being disposed of by a common judgment and order.

3. The Petitioners are challenging the penalty of reduction in pay by one stage and grade pay for a period of one year, bearing effect on future increments of pay from the date of issue of such order impugned by the Disciplinary Authority pursuant to a departmental inquiry for charges of indulging in, inter alia, corrupt practices.

4. The Petitioners were served with a common charge-sheet dated 04.06.2010 under the provisions of Goa Police Subordinate Service (Discipline and Appeal) Rules, 1975 – (“said Rules”), alleging the following:

"Article-1

That while performing duty at Cortalim side of the Zuari bridge on 21.08.2009 from 9.50 hrs. they were found stopping the vehicles under the pretext of MV checking but when checked at 13.15 hrs. by ACB Team of Directorate of Vigilance, Panaji, all of them were found indulging in corrupt practices and had already taken an amount of Rs.1000/- from Honda Activa scooterist by name Javier Gonzales, a Spanish National without issuing a challan or receipt of having accept the said amount. Shri Gonzalves was riding the scooter without documents and also without wearing helmet/head gear. After receiving Rs.1000/- as bribe, they allowed him to go away. They have also not declared exact amount of cash in the personal cash register at the time of resuming duty and when found excess/less cash in their possessions, they could not give satisfactory account of their cash in their possession. Besides this on seeing the ACB Team overtaking and stopping the Interceptor vehicle at Verna all of them threw an amount of Rs.2340/- for which all of them are jointly and severely responsible for indulging in corrupt practices.

Article-II

That during the above period i.e. on 21.08.2009 the said ASI, Shamba 5. Desai was allotted Challan Books Nos. 30409, 30388 and 30378.and he had issued 17 challans from Sr. Nos, 1 to 17 from Book No.30409, 17 Challans from Sr. No.1 to 17 from Book No.30388 and 17 challans from Sr. Nos. 31 to 47, from Book No.30378 for the day for various volations of M.V. Act. When the amout compounded challans for the day was calculated, it was found to be Rs.2400 from, Book No:30490, Rs.1700/-from Book No.30378, whereas on counting the actual cash collected it was found to be Rs.5800/-. From the position, it is clear that an excess amount of Rs. 1065/- was collected by illegal means by the said ASI, Shamba S. Dessai. Since he had declared an amount of Rs.3650/- at Traffic Cell, Vasco at the time of leaving for duty on interceptor vehicle No.4.

Article-III

That during aforesaid period l.e. on 21.08.2009 ASI, Shamba S. Dessai has signed blank M.V. Challans in binded M.V. Books Nos.48 to 51 and kep M.V. Challan Nos.30409 and 30378 with PC-4374, Sandeep Konadkar and PC-4972, Tukaram Narvekar, respectively, which was highly objectionable and giving scope for mal/corrupt practices.”

5. The Petitioners denied the charges and the P.I. of the Traffic Cell, Ponda, was appointe