Bombay High CourtWP/572/2018disposed of

Menino Amaranti Bosco Coutinho., v. The State Of Goa, Thr. Its Chief Secretary And 2 ORS.,

2018-05-09Hon'Ble Shri Justice M. S. Sonak3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 572 OF 2018 MENINO AMARANTI BOSCO COUTINHO., ... Petitioner

Versus

THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 2 ORS., ... Respondents Mr. Nigel Da Costa Frias, Advocate for the petitioner. Mr. P. Faldessai, Additional Government Advocate for the respondents.

Coram:- M. S. SONAK, J.

Date:- 9th May 2018 P.C.:

Heard Mr. Nigel Da Costa Frias, learned Advocate for the petitioner and Mr. P. Faldessai, learned Additional Government Advocate for the respondents.

2. After this matter was argued for sometime, the learned Counsel for the parties on the basis of the instructions from their respective parties state that this petition can be disposed of with the following agreed order:

(i) The petitioner is granted liberty to submit an amended memo of appeal challenging the Suspension Order dated 01/01/2018 and order dated 28/03/2018 by which, such suspension has been

WP/572/2018 continued. This shall be done within a period of one week from today i.e. on or before 15/05/2018.

(ii) The Appellate Authority shall hear the appellant in person on 15/05/2018 at 11.30 a.m. in the chamber of the Appellate Authority. The petitioner is at liberty to file written statement in addition to availing the privilege of personal hearing. (iii) The Appellate Authority shall take into consideration the amended memo of appeal, written submissions amongst other materials and dispose of the appeal on its own merits and in accordance with law as expeditiously as possible and in any case on or before 31/05/2018.

(iv) The petitioner is also granted liberty to make a representation with regard to release of salary / revision of subsistence allowances within a week from today to respondent No.2. If such representation is made, the same be disposed of as expeditiously as possible and in any case by 31/05/2018. v) All contentions of the parties are kept open, since this Court has not adverted to the merits of the rival contentions. vi) In case, the petitioner is dissatisfied with the decision in appeal or on his representation, the petitioner shall be at liberty

WP/572/2018 to challenge such decisions and raise all the points which have been raised by him in the present petition.

3. The petition is disposed of in the aforesaid terms.

4. All concerned to act on the basis of the authenticated copy of the order.

M. S. SONAK, J.