PANAJI
In a major relief to a daily wage employee of the Sports Authority of Goa (SAG) - terminated from service this January on suspicions of leaking confidential information, the High Court of Bombay at Goa has directed the government to restore him to his original position with all the consequential benefits.Vijaykumar Shirodkar had challenged the SAG’s order dated January 6, 2023, terminating him as a Lower Division Clerk (Daily Wager) two days after he deposed before the Minister for Sports Govind Gaude in the presence of all the staff of SAG, on suspicion of the charge. The petitioner denied he admitted any guilt.
In its verdict on Wednesday, the Division Bench of Justice MS Sonak and Justice Valmiki Menezes pulled up the department's actions terming the order as stigmatic in nature.
“At least, in these circumstances and the peculiar facts of the case, we think that some minimal compliance with principles of natural justice was expected if the SAG was insistent upon removing the Petitioner with a stigmatic order,” it said.
The Bench also noted that, “This is not the case of termination simpliciter, but this is termination accompanied by a stigma”
Accordingly, the Court set aside the SAG order and directed that the petitioner be restored to his original position with all consequential benefits within four weeks from today. However, the Court clarified that its order will not preclude the SAG from taking any such action as contemplated under the law. Therefore, all parties' contentions in this regard are expressly kept open.
