GPSC: SC TO HEAR SLP ON 9TH DECEMBER
A Division Bench of the Supreme Court comprising of Justice S. Rajendra
Babu and Justice P. Venkatrama Reddy will on Monday 9th December hear the
Special Leave Petition (SLP) filed against the Judgement of the Panaji
Bench of the Bombay High Court dismissing the the Public Interest
Litigation filed by Adv. Aires Rodrigues challenging the appointment of
Avinash Vaze and Datta Keny as Chairman and Member of the Goa Public
Service Commission. The petitioner had challenged the appointment of
Avinash Vaze as Chairman of the Goa Public Service Commission on the
grounds that he lacked the high integrity which is required for the
appointment to the post of Chairman of Goa Public Service Commission.
Avinash Vaze whilst working as Deputy Chief (Legal) of Economic Development
Corporation Limited ("EDC") had in 1989 taken a house building loan of
Rs.1.5 lakhs from the EDC and retained the same for a period of more than 8
years thereby converting the same for his own use and deriving advantage
therefrom and only thought it fit to repay the said loan or the balance
thereof, after disciplinary proceedings were initiated against him. Vaze
was charged for the misconduct and even punished with the punishment of
compulsory retirement but the Appellate Authority set aside the order of
Disciplinary Authority.
In his the petition before the High Court, the petitioner had also
challenged the appointment of Vaze and Datta Keny on the ground that their
appointments are contrary to article 316 of the Constitution of India
inasmuch as neither of them possess the qualifications prescribed for under
the proviso thereof as neither of the two held a post under the Central
Government or the State Government or at least for 10 years as required
thereunder.
The High Court had rejected Aires Rodrigues's Writ Petition and imposed
cost of Rs.5,000/- in favour of Vaze and Mr. Keny. In his appeal now before
the Supreme Court Adv. Aires Rodrigues has contented that the finding of
the Panjim Bench of the Bombay High Court that the Appellate Authority had
not exonerated Vaze on mere technical grounds, is contrary to the contents
of the order of the Appellate Authority itself
and that it was clear from the order that the exoneration of Vaze was in
view of the fact that contravention of the House Building Advance Rules did
not constitute a misconduct.
It has been further submitted that the Supreme Court has expressed itself
in no uncertain terms that as the Public Service Commission occupied a
pivotal place of importance in the State the integrity and efficiency of
the Administrative apparatus depended considerably on the quality of
selection made to the Public Service Commission and therefore it was
absolutely essential that Chairman and Member of the Public Service
Commission were eminent men possessing high degree of caliber, competence
and integrity who would inspire confidence in the public mind about the
objectivity and impartiality of the selection they are to make.
It has been submitted that the High Court was wrong in holding that the
Appellate Authority had the effect of wiping the slate clean and no stigma
could be attached to Vaze because of the Departmental action of enquiry
that had been initiated against him, despite the facts which were on
record. It has also been contented that the High Court has wrongly held
that reckless allegations were made which were not substantiated on the
basis of documents by the Petitioner though all the allegations made in the
Petition
against Vaze, were culled directly from the documents produced on record.
It has been also contented that the Petition had been filed in public
interest and the High Court was wrong in directing the Petitioner to pay
costs and thereby trying to stultify a bonafide Public Interest Litigation
and that perhaps the Court itself realized that it wrongly awarded costs
and therefore reduced the costs which had originally been fixed for
Rs.10,000/- to Rs.5,000.
x x x x
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