Case Note & Summary
The petitioners, heirs and legal representatives of the original petitioner (deceased), filed a writ petition seeking to quash orders dated 24.04.2005 and 06.12.2005, which were the order of dismissal and the order confirming the dismissal in appeal. The original petitioner was a cashier at Government Higher Secondary School, Lyceum, Panaji. She was suspended pending a departmental inquiry, which resulted in her dismissal. The petitioners contended that the inquiry was conducted by an incompetent officer. The respondents produced a Notification dated 01.12.2003 issued by the Additional Director (Vigilance) in the name of the Governor of Goa, appointing the Deputy Director (Adm) Education Department as the Adhoc Disciplinary Authority to conduct the inquiry. This notification was issued pursuant to a Notification dated 24.11.2003 empowering the Additional Director (Vigilance) as Ex-officio Joint Secretary (Vigilance) to issue such notifications. The court found that the authority conducting the inquiry was duly appointed. In the departmental inquiry, five charges were framed against the deceased employee relating to misappropriation and forgery. As a cashier, she made out challans in triplicate for remitting undisbursed dues of teachers and staff to the Government Treasury and misappropriated an amount of Rs.52,200. The court upheld the dismissal and the appellate order, dismissing the petition.
Headnote
A) Service Law - Departmental Inquiry - Competent Authority - Delegation of Powers - The inquiry was conducted by the Deputy Director (Adm) Education Department appointed as Adhoc Disciplinary Authority vide Notification dated 01.12.2003 issued by the Additional Director (Vigilance) as Ex-officio Joint Secretary (Vigilance) under Notification dated 24.11.2003. The court held that the authority was duly appointed and competent to conduct the inquiry. (Paras 2-3) B) Service Law - Misappropriation and Forgery - Cashier - Charges - The deceased employee, a cashier, was charged with misappropriating Rs.52,200 by making out challans in triplicate for remitting undisbursed dues of teachers and staff to the Government Treasury. The charges were proved in the departmental inquiry. (Para 3) C) Service Law - Dismissal - Confirmation in Appeal - Judicial Review - The orders of dismissal dated 24.04.2005 and confirmation in appeal dated 06.12.2005 were challenged on the ground of incompetence of the inquiry officer. The court found the inquiry officer competent and upheld the orders. (Paras 1-3)
Issue of Consideration
Whether the departmental inquiry against the deceased employee was conducted by a competent officer and whether the orders of dismissal and confirmation in appeal are liable to be quashed.
Final Decision
The petition is dismissed. The orders of dismissal and confirmation in appeal are upheld.
Law Points
- Competent authority to conduct departmental inquiry
- Validity of delegation of disciplinary powers
- Misappropriation and forgery by cashier
- Scope of judicial review in disciplinary matters
