Raya Karapurkar v. The Chief Town Planner ( Administration) Town And Country Planning Dept. And ANR

Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 2 OF 2024 RAYA KARAPURKAR VS THE CHIEF TOWN PLANNER (ADMINISTRATION) TOWN & COUNTRY PLANNING DEPT.

AND ANR.

... PETITIONER ... RESPONDENTS Shri Preetam Talaulikar, Advocate for the Petitioner. Shri Manish Salkar, Government Advocate for the Respondents.

CORAM:

DEVENDRA KUMAR UPADHYAYA, CJ.& M. S. SONAK J.

DATED:

8th JANUARY 2024 P.C.:

1.

Heard Shri Preetam Talaulikar for the Petitioner and Shri Manish Salkar, learned Government Advocate representing the Respondents.

2.

he Petitioner who is working as a Lower Division Clerk for the Town and Country Planning Department, was placed under suspension vide order dated 09.02.2012 on certain allegations. Subsequent to his suspension, a chargesheet was issued and it is said that some disciplinary proceedings were also drawn, which concluded on the submission of the enquiry report

dated 25.07.2017 by the Inquiry Oicer to the Disciplinary Authority, however, since then, though a considerable period of more than 61⁄2 years has elapsed, no inal decision has been taken. It is submitted by the learned Counsel for the Petitioner that because no inal decision in the disciplinary proceedings has been taken, the Petitioner has been deprived of various service beneits including promotion to the next higher post and the beneit of the Modiied Assured Career Progression scheme. 3.

Admittedly, the chargesheet was issued to the Petitioner on 23.08.2013 and the Inquiry Oicer was also appointed on 24.04.2014, who concluded his enquiry on 25.07.2017 and submitted the report thereof to the Disciplinary Authority. 4.

Keeping the disciplinary proceedings pending for such a long period, that too, on conclusion of the enquiry report, cannot be approved of on any count, whatsoever. Such prolonged pendency of the disciplinary proceedings is neither in the interest of the Department nor in the interest of the employee concerned, who on account of inordinate delay on the part of the employer gets demoralized.

5.

In the aforesaid view of the matter, we dispose of this Writ Petition with a direction to the Town and Country Planning Authority to take a inal decision on the matter, positively within a period of six weeks from today. Dependent on the outcome of the inal decision in the disciplinary proceedings, the claim of the Petitioner for further promotion, grant of beneit of the Modiied Assured Career Progression scheme and all other service beneits,

shall be considered within six weeks thereafter and the Petitioner shall be given such beneits for which he may be legally and as per Rules entitled. We make it clear that this Court has not made any observations as to the merits of the claim of either of the parties in respect of the correctness or otherwise of the charges. (M. S. SONAK, J.) (CHIEF JUSTICE) VAIGANKAR ESHA SAINATH Date: 2024.01.09 18:13:59 +05'30'

VAIGANKAR ESHA SAINATH