High Court stays Reddy’s appointment as CEE

Laxmikant Kolvekar, who is senior to Reddy, challenged the appointment of Reddy as CEE. Staying the appointment, the High Court observed that prima facie, the action does not appear to be fair as it would put Kolvekar working under a junior.

PANJIM: The High Court of Bombay at Goa has stayed the appointment of Neelakant Reddy to the post of Chief Electrical Engineer in the State Electricity Department stating that ‘prima facie government action does not appear to be fair’. 
The government in June 2017 had handed over charge of CEE to Reddy in addition to his post of Superintendent Engineer (Electricity) and Additional Chief Engineer. Through its order, the government has relieved officiating CEE Laxmikant Kolvekar, who is yet to retire.
Kolvekar had challenged the appointment before the High Court pleading that the action is without any justification and hence should be quashed and set aside.
“Prima facie, the action does not appear to be fair as it would put to the petitioner working under a junior (Reddy) in the department,” the order issued by a bench comprising Justice Nutan Sardessai and Justice FM Reis, reads.
“In such circumstances, we find that allowing the impugned order to continue would cause grave injustice to the petitioner and consequently until further orders, the operation of the impugned order dated June 1, 2017 is stayed,” the order added. The matter is fixed for hearing expedited in September. 
The petitioner, who is additional chief engineer, informed the Court that he was appointed on officiating basis initially from July 2015 and after the services of the regular incumbent to such post came to be terminated, he was again appointed by order dated January 2, 2017 on the recommendation of the Local Departmental Promotion Committee to the post of CEE on officiating basis with effect from September 13, 2016.
However, Kolvekar was reverted to the post of additional chief engineer and Reddy was made CEE, without any justification. “It clearly discloses that there are some alleged incriminating ground imputed to the petitioner which shows that the action is punitive in nature,” Kolvekar said. 
However, State Advocate General Dattaprasad Lawande said the order is issued in public interest and for the purpose of improving the functioning of the department. He further said that the appointment of the petitioner to the post was just temporary.

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