GPSC: SC TO HEAR SLP ON 9TH DECEMBE

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GPSC: SC TO HEAR SLP ON 9TH DECEMBER

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
will come up for hearing before the Supreme Court on 9th December.
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.

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What's On In Goa (WOIG): 
Nov 06 Children's book exhibn opens, Walkabout, Anjuna... (all weekdays)
Nov 06 ArtHouse, Calangute: Chaitali's acrylics on canvas till 19.11
Nov 07 Revision of electoral rolls (till Nov 30) See schedule.
Dec 01 Two day conference, Goa Agenda. IT For Society. (Ends 2.12) 
Every Sunday: Music therapy sessions at Moira, 5 pm. 278, N.Portugal

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