PANJIM: The High Court of Bombay at Goa has quashed the order of the government wherein the President and Attorney of the Comunidade Fraternal de Aldona were dismissed and all the elected members of the managing committee were dissolved.
Joao Rosario Fernandes and two other petitioners had moved the court challenging the order dated August 17, 2021. The petitioners raised a short ground in the writ petition to challenge the impugned communication and the consequential order, that before issuing such communication and order, the petitioners were not given hearing. In fact, no notice was issued to the petitioners and that, therefore, this was in flagrant violation of the principles of natural justice.
On hearing the petitioners and 26 respondents, the Bench of Justice Manish Pitale opined that considering the serious consequences that are faced by the petitioners, the impugned communication and order cannot be sustained only on the ground of violation of principles of natural justice.
The government lawyer informed the court that hearing would be granted to the petitioners before any precipitate action is taken.
In view of these observations, the court allowed the writ petition, and in its order quashed and set aside the impugned communication dated August 10, 2021 and the consequential order dated August 17, 2021.
The Bench also directed the State and two other Respondents that if they intend to take any action against the petitioners, proper notice and effective hearing shall be granted before any order is passed.
The State government had dismissed the president and attorney and also dissolved all the elected members of the managing committee of the Comunidade Fraternal de Aldona for allegedly failing to act against an illegality and to protect the interest of the communidade. As per a complaint, the property of comunidade which was used as a playground was allegedly sold to a private party and a complaint with the managing committee, was futile since no action was taken against the alleged illegal activity. Some members demanded the land be given back to the comunidade.
