PANAJI
The High Court of Bombay at Goa has issued a notice to the State government, seeking its response to a petition challenging the extension of service granted to Chief Town Planner (Town & Country Planning Department) Rajesh Naik.
Petitioners Swapnesh Sherlekar and Nubert Fernandes, in their writ petition, have also challenged the Cabinet decision dated August 28, 2024, which granted ex-post facto approval for extending Naik's service by one year beyond his superannuation date from May 1, 2024, to April 30, 2025. The Cabinet had called the decision as being in the public interest.
The State government, the Town and Country Planning Department, the Vigilance Department, the Goa Public Service Commission, the Personnel Department and Naik himself have been named as respondents in the case. The High Court while issuing notice adjourned the matter to January 30.
The petitioners have alleged that the extension orders dated May 1, 2024,and September 10, 2024, were issued arbitrarily, with malafide intent, and without jurisdiction or legal authority.
“This arbitrary action necessitates the Court’s intervention,” the petition states, arguing that the refusal of the State to initiate disciplinary proceedings against Naik despite alleged criminal charges and misconduct.
“The refusal of the Respondent State Authorities to initiate disciplinary proceedings against the Chief Town Planner in the face of several criminal proceedings which amounted to misconduct for which disciplinary proceedings should have been initiated is discriminatory and violates Articles 14, 19 and 21 of the Constitution of India guaranteed to the Petitioners. It also denies the rule of law enshrined in the Constitution,” reads the petition copy.
The petitioners contended that granting an extension post-superannuation was illegal and unconstitutional, further alleging favouritism and bias in the administration of town planning.
They urged the Court’s intervention to direct vacating the office and restrain Naik from making decisions on planning matters that have financial or ecological implications for the State.
