Sudhirkumar Vinayak Surlakar v. State Of Goa, Thr. Chief Secretary And 2 ORS

903 WP-439-2023.doc Meena

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.439 OF 2023 SUDHIRKUMAR VINAYAK SURLAKAR ... Petitioner

Versus

STATE OF GOA, THR. CHIEF SECRETARY AND 2 ORS ... Respondents Mr Kaushal Shetye, Advocate for the Petitioner. Mr Devidas Pangam, Advocate General with Mr Prashil Arolkar, Additional Government Advocate for the State.

CORAM:

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

DATED:

23rd August 2023 P.C.:

1.

Heard Mr Kaushal Shetye, learned Counsel for the petitioner and Mr Devidas Pangam, learned Advocate General with Mr Prashil Arolkar, learned Additional Government Advocate for the State. 2.

Te petitioner's services were terminated by the Directorate of Art and Culture vide order dated 16/07/2018.

3.

Te petitioner appealed to the Secretary (Art and Culture) on 21/11/2018 (Annexure P at pages 76 to 79).

4.

Te learned Advocate General states that the Appellate Authority will dispose of the petitioner's appeal within four months from today. 23rd August 2023

903 WP-439-2023.doc 5.

Mr Shetye, learned Counsel for the petitioner submits that since the filing of the appeal, the petitioner has additional material by way of medical certificates etc. and leave may be granted to him to produce the same.

6.

Accordingly, leave is granted to the petitioner to file an additional memo of appeal along with such documents. Mr Shetye states that this will be done within 15 days from today.

7.

Te Appellate Authority to consider petitioner's original appeal memo dated 21/11/2018 as also the additional appeal memo along with the documents that the petitioner will produce. 8.

Appellate Authority in the peculiar facts and circumstances must grant an opportunity of hearing to the petitioner. Mr Shetye assures the Court that the petitioner will not seek any unnecessary adjournment and will attend the hearing on date and time that will be fixed by the Appellate Authority.

9.

Since the petitioner has an alternate remedy, there is no question of entertaining this petition. Instead, by accepting the learned Advocate General's statement, we direct disposal of the petitioner's appeal within four months from today.

10.

Te petition is disposed of in the above terms without any order for costs.

BHARAT P. DESHPANDE, J.

M.S. SONAK, J.

MEENA VISHAL BHOIR Date: 2023.08.23 18:28:31 +05'30'

MEENA VISHAL BHOIR 23rd August 2023