Umeshchandra L. Joshi v. State Of Goa Thr. Chief Secretary And 2 ORS

5 WP-135-2022.doc Jose

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.135 OF 2022 UMESHCHANDRA L. JOSHI ... Petitioner

Versus

STATE OF GOA THR.

CHIEF SECRETARY AND 2 ORS.

... Respondents Mr Deepak Gaonkar with Mr. Amey Salgaonkar, Advocates for the Petitioner.

Mr D. Pangam, Advocate General with Ms Maria Correia, Additional Government Advocate for the Respondents-State.

CORAM:

M.S. SONAK & BHARAT P. DESHPANDE, JJ.

DATED:

16th November, 2022 P.C.:

1.

Heard learned Counsel for the parties.

2.

The learned Advocate General states that inquiry is already completed and the inquiry report has been forwarded to the appropriate authority. Action on the report is expected to be taken within a maximum period of two months from today.

3.

The record bears out that the Petitioner has been paid and is being paid the provisional pension. However, it is the case of the Petitioner that final pension along with certain other benefits claimed in this petition should be paid to him.

16th November 2022

5 WP-135-2022.doc 4.

According to us, all such issues will depend upon the action to be taken on the inquiry report. Therefore, we direct the concerned authorities to take appropriate action on the inquiry report within a period of maximum two months from today. If the Petitioner is exonerated, then, final pension and other dues in accordance with law should be paid to the Petitioner. However, if no action is taken against the Petitioner, the Petitioner will have the liberty to not only challenge the same, but also seek reliefs that he has applied for in this petition i.e. relief in terms of prayer clause (a) of this petition. 5.

With the aforesaid directions and liberty, this petition is disposed of. There shall be no order for costs.

BHARAT P. DESHPANDE, J.

M.S. SONAK, J.

JOSE FRANCISCO DSOUZA FRANCISCO DSOUZA Date: 2022.11.16 16:18:01 +05'30'

16th November 2022