Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

(viii) On promotion from a junior grade to a higher or senior
grade either from the date of promotion order or from the
date of joining, as the case may be, the person so promoted
gets encadred in the post to which she/he is promoted –
Seniority is subject to rules will be determined according
to the date of joining the service.
(ix) Grading ‘Very Good’ being the bench mark for promotion
to the post as the petitioner secured grading of ‘Good’ only
as against the grading of ‘Very Good’ secured by the
selected candidates writ petition dismissed.
(x) Even though 2 posts were available for promotion in 1996-
97 as the said information communicated only in 1999
petitioners writ petition regarding failure to hold selection
for promotion every year has been dismissed.
(xi) Where the State lays down the procedures as to how and in
what manner the merit and suitability is to be judged, it is
obligatory on the part of the Commission to follow the
same in its letter and spirit.
(xii) Promotion to the post of Chief Electrical Inspector from
the post of Executive Engineer – Relevant rule requires
only experience and not requirement of degree - Mode of
direct recruitment could be resorted to only if no suitable
candidate is available for appointment by promotion –
Hence writ petition dismissed.
Chapter-XII Seniority
Seniority
(i) Whether restoration of seniority after quashing the penalty
imposed on the Disciplinary Proceeding when a fresh denovo
exercise for re-determining the entire seniority after
inviting objections from the concerned is proper? – Yes.
As the retrospective promotion is not under challenge the
consequent seniority also cannot be assailed.
(ii) Whether reasonable opportunity of being heard should be
given to other employees before fixation and re-fixation of
seniority position? - Yes.
Chapter-XIII Disciplinary Inquiry Disciplinary Inquiry
(i) Consultation under Article 320(3)(c) of the Constitution is
not mandatory. It does not confer any rights on the public
servant so that the absence of consultation or any
irregularity in consultation does not afford the delinquent
Government servant a cause of action in a Court of law.
(ii) Whether acquittal in criminal case pertaining to subject
matter of the disciplinary proceeding bars the finding of
guilt recorded by the Disciplinary Authority? – No. It is
settled law that the finding of disciplinary authority cannot
be interfered with by the Court unless the finding is
perverse or based on no evidence.
781 & 782
xliii
783 to
785
786 to 789
798 to 809
883 to 888
816 to 820
821 to 827
22 to 31
790 to 797