PANJIM: The High Court of Bombay at Goa dismissed writ petitions filed by five policemen challenging the penalty of reduction in pay by one stage and grade pay for a period of one year, imposed following a depart-mental inquiry into charges of corrupt practices. Assistant Sub-Inspector (ASI) Shamba Dessai and constables Tukaram Narvenkar, Sandeep Kanadkar, Vishwas Kavlekar and Sanju Chanyakumar had filed separate writ petitions challenging the disciplinary action taken against them. The penalty also affected their future increments from the date of the impugned order. The petitioners had sought quashing of the penalty orders and restoration of all consequential service benefits.
The charges arose from an incident on August 21, 2009, when the petitioners were on duty on the Cortalim side of the Zuari bridge. While conducting motor vehicle checks, they were intercepted by a team from the Directorate of Vigilance, Panjim, which found that the policemen had accepted a bribe of Rs 1,000 from a two-wheeler rider, Javier Gonzalves, a Spanish national, without issuing any challan or receipt. Gonzalves was riding without valid documents and without wearing a helmet. After receiving the bribe, the petitioners allowed him to leave. It was further found that the petitioners had failed to declare the correct amount of cash in their personal cash registers while resuming duty. When excess or deficit cash was found in their possession, they could not give a satisfactory explanation. Additionally, when the Vigilance team overtook and stopped their interceptor vehicle at Verna, the policemen were seen throwing out an amount of Rs 2,340, for which all of them were held jointly and severely responsible.
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The inquiry also revealed irregularities involving ASI Shamba Dessai. On the same day, he had been allotted three challan books and had issued 17 challans from them. The total amount of compounded challans was calculated at Rs 2,400, but the actual cash collected was Rs 5,800, indicating illegal collection of excess money. ASI Dessai had declared only Rs 3,650 at the Traffic Cell, Vasco, before leaving for duty. It was also found that he had handed over the challan books to constables Kanadkar and Narvenkar, which was considered highly objectionable and giving scope for malpractices and corrupt practices.
All the petitioners denied the charges and then Ponda Traffic Cell PSI Salim Shaikh was appointed as the inquiring authority. During the inquiry, the department examined seven witnesses. Despite being given opportunities, the petitioners neither examined themselves nor produced any defence witnesses. In his report dated August 24, 2011, the Inquiring Authority held the charges to be partly proved. After considering their responses to the inquiry report, the Disciplinary Authority imposed the penalty. Appeals filed before the Inspector General of Police (IGP) were dismissed on March 19, 2012, and a re-ision petition before the Chief Secretary was reject-ed on March 15, 2013. Justice Mahesh Sonak observed that the charges were serious and that the petitioners had been given a full and fair opportunity to defend themselves. The Court found no violation of the principles of natural justice and declined to interfere with the penalty, dismissing all the writ petitions.
- APPEALS REJECTED
→ Bombay High Court at Goa upheld the pay reduction penalty imposed on five policemen in a bribery case
→ The case relates to a 2009 incident at the Zuari bridge where a Rs 1,000 bribe was allegedly accepted from a foreign national
→ Vigilance officials also found cash declaration irregularities and Rs 2,340 being thrown from a police interceptor vehicle at Verna
→ The departmental inquiry held the corruption charges partly proved after examining seven witnesses
→ Appeals before the IGP and Chief Secretary were rejected and the High Court found no violation of natural justice
