PANAJI
Goa Police reinstated Constable Vikas Kaushik, over a year after his dismissal from service; a decision that comes after he challenged his abrupt termination in the High Court of Bombay at Goa.
The petitioner argued that he was not allowed to present his case. However, the department informed the Division Bench of Justice MS Karnik and Justice Nivedita Mehta that Kaushik would remain under suspension pending a departmental inquiry.
Kaushik was dismissed from service in August 2023 after a 24-year-old thief Faizan Sayyad confessed that he committed thefts under Kaushik’s instructions such as selecting targets in specific jurisdictions. His dismissal was one of rare instances where the department acted promptly.
Kaushik subsequently filed a writ petition before the High Court challenging the dismissal order.
During the hearing, Additional Government Advocate S Priolkar submitted to the Court that “on instructions, the impugned (dismissal) order shall stand withdrawn.” However, the department would hold a regular departmental inquiry against the petitioner.
The Court noted that it was obviously open for the respondents including the State government and Goa Police to hold the inquiry.
“In this view of the matter, as the impugned order stands withdrawn, the petition has worked itself out. The petitioner stands reinstated in the service. In the facts of the present case, as at the time of passing of the impugned order, the petitioner was under suspension, we are inclined to accept the submissions of the Additional Government Advocate that consequent to his reinstatement, the petitioner’s suspension would continue. We refrain from making any observations which may influence the disciplinary proceedings. The continuation of the petitioner’s suspension is subject to the provisions of the relevant service rules,” reads the order.
The Bench directed that the petitioner is entitled to arrears of subsistence allowance and disposed of the petition.
