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2024 DIGILAW 888 (BOM)

Shankar Barkelo Gaonkar, S/o. Mr. Barkelo Gaonkar v. State of Goa, Through its Chief Secretary Secretariat

2024-08-07

M.S.KARNIK, VALMIKI MENEZES

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JUDGMENT : M.S. Karnik, J. 1. We have heard Mr Nigel Da Costa Frias, learned counsel appearing on behalf of the petitioner at some length. We have also heard Shri Shirodkar, learned Additional Government Advocate for the respondents. 2. By this petition under Article 226 of the Constitution of India, the petitioner prays that the order/communication dated 25.07.2024 issued by respondent no.2 be quashed and set aside. The petitioner prays for a consequential order thereby directing respondent no.2 to grant him permission to contest election and hold a post as Office Bearer in the Managing Committee of the Gomantak Gouda Maratha Samaj. 3. The petitioner is a member of the Gomantak Gouda Maratha Samaj. All the members of the Samaj belong to the Scheduled Tribes (ST) community of Goa. The Gomantak Gouda Maratha Samaj is a social, cultural and charitable organization and is not engaged in any political activities. The petitioner is presently working as a Superintendent of Jail, Central Jail, Colvale. The petitioner has a strong desire to work for his community, i.e. Gomantak Gouda Maratha Samaj for the upliftment and advancement of community people, as most of the people from the community are poor and needy. The petitioner is desirous of bringing change in the community. 4. The election to the Managing Committee of the Samaj for the new triennium years 2024-27 is to be held on 09.08.2024. The petitioner made an application on 13.06.2024 seeking permission from the Government to hold a post as Office Bearer in the Managing Committee of Gomantak Gouda Maratha Samaj as provided under Rule 15 Sub Rule (2) of CCS (Conduct) Rules 1964. The petitioner received the response dated 25.07.2024 from Under Secretary, Personnel-I, Department of Personnel, Government of Goa stating that his request was rejected by the competent authority. It is contended that no reasons are mentioned in the rejection letter. Therefore, the petitioner filed the present petition. 5. When the petition came up for admission on 01.08.2024, we recorded the statement on behalf of the petitioner that he would make a representation to respondent no.2 indicating details of the role and involvement of the petitioner in the activities of Gomantak Goud Maratha Samaj, in the event such permission is granted. Accordingly, representation was made by the petitioner. By a communication dated 07.08.2024, the representation made by the petitioner was rejected during the pendency of this petition. Accordingly, representation was made by the petitioner. By a communication dated 07.08.2024, the representation made by the petitioner was rejected during the pendency of this petition. The communication dated 07.08.2024 is taken on record and marked as 'X' for identification. 6. Learned counsel for the petitioner submitted that the Gomantak Goud Maratha Samaj is a completely non-political organisation. It is submitted that contesting the election and even if elected as a member of the Gomantak Goud Maratha Samaj will not come in the way of discharge of his duties as the Superintendent of Jails. It is further submitted that the activities of the Gomantak Goud Maratha Samaj are purely cultural in nature and for upliftment of the poor and needy people of the Samaj. It is further submitted that there is no question of the petitioner compromising in the discharge of his duties as the Superintendent of Jails in any manner. Learned counsel submitted that rejecting the petitioner's request by the respondents amounts to defeating his rights to contest the election. Learned counsel submitted that as per the CCS Rules previous sanction is required of the Government and holding an election is not prohibited. Denial of such permission is arbitrary according to learned counsel. 7. Learned Additional Government Advocate on the other hand opposed the petition. It is submitted that after considering all the relevant materials, the sensitive nature of the petitioner's post and the duties performed by the petitioner, a decision has been taken to deny permission to the petitioner who is holding a responsible post. It is further submitted that the petitioner has already been granted permission to pursue Master of Social Work from Indira Gandhi National Open University (IGNOU) vide Office Memorandum dated 22.04.2024. Learned Additional Government Advocate pointed out that the petitioner is presently holding the post of Vice President (Substitute Committee) of Shree Nagnath Betal Devasthan Dhade, Sanvordem (2022-2025). Learned Additional Government Advocate submitted that it is not as if every time the permission is refused and that wherever possible such permissions have been granted. 8. Having considered the rival submissions of the learned counsel for the parties, we are of the opinion that the decision of the respondents in refusing the petitioner the permission to contest the elections of the Managing Committee of Gomantak Gouda Maratha Samaj does not call for any interference. 8. Having considered the rival submissions of the learned counsel for the parties, we are of the opinion that the decision of the respondents in refusing the petitioner the permission to contest the elections of the Managing Committee of Gomantak Gouda Maratha Samaj does not call for any interference. At the outset, we may record the reasons in the communication dated 07.08.2024 addressed to the petitioner in support of the stand of the respondents while rejecting the permission. We had directed the petitioner to make a representation during the pendency of the petition and on such representation the communication dated 07.08.2024 came to be addressed to the petitioner. The contents of the communication dated 07.08.2024 read thus : "I am directed to refer to letter dated 02/08/2024 on the subject cited above and to inform that the request to hold the post of Managing Committee of 'Gomantak Gaud Maratha Samaj' has not been agreed to by the Competent Authority considering the below mentioned reasons: 1. Shri Shankar Gaonkar is presently posted as Superintendent of Jail, Colvale. He is responsible for managing the prison in all matters relating to security, discipline, expenditure, control and punishment. It is under his authority or orders the management of the Jail and the maintenance of prisoners has to be done. 2. As per the O.M. dated 05/08/2019 issued by Department of Personnel and Training the entire time of the Government servant should be available to the Government and that no activities unconnected with his or her official duties should be allowed to interfere with the efficient discharge of such duties. It was requested through O.M. to ensure that the participation of the Government Servants in the activities of the co-operative societies conform to the above provisions and does not interfere with the discharge of their official duties. 3. The competent authority has already granted the officer permission to pursue Master of Social Work from Indira Gandhi National Open University (IGNOU) vide O.M. dated 22/04/2024. 4. Also presently the officer is holding the post of Vice President (Substitute Committee) of Shree Nagnath Betal Devasthan Dhade, Sanvordem (2022-2025). 5. Also, the Services of the Officer being of emergency nature, be is required to be present on any hour of the day." 9. 4. Also presently the officer is holding the post of Vice President (Substitute Committee) of Shree Nagnath Betal Devasthan Dhade, Sanvordem (2022-2025). 5. Also, the Services of the Officer being of emergency nature, be is required to be present on any hour of the day." 9. It is pertinent to mention that the petitioner himself has stated that at present in the Central Jail, there 1s one Superintendent, two additional Superintendents, eight Deputy Superintendents and fourteen Assistant Superintendents of which ten Assistant Superintendents are in place and four are vacant. A stand is now taken by the learned Counsel for the petitioner that although the petitioner has obtained NOC to pursue higher studies in IGNOU, he did not take admission as the sanction for the same was granted late. It is further stated that with regards to Shree Nagnath Betal Devasthan, Dhade Sanvordem, he is only a substitute committee member of the Devasthan and does not have an effective role. 10. We have perused the Goa Prison Rules, 2002. Rule 60 prescribes the duties of the Superintendent of Jail. As many as 52 duties of the Superintendents are enumerated in the said rules. It goes without saying that the post of Superintendent of Jails is a sensitive and responsible post held by the petitioner. We also find that on the previous occasion when the petitioner had requested for permission, the application was duly considered and permission was granted. The competent authority has taken into consideration the fact that the petitioner was granted permission to pursue a Master of Social Work from IGNOU vide Office Memorandum dated 22.04.2024. The competent authority also took into consideration that the petitioner has taken the post of Vice President (Substitute Committee) of Shree Nagnath Betal Devasthan Dhade, Sanvordem (2022-2025). 11. The stand of the respondents is that the services of the petitioner as Superintendent of Jail are sensitive in nature and he is required to be present on duty at any hour of the day. It is not possible for us to substitute our opinion with that of the competent authority having considered all the materials while refusing permission. It is ultimately for the competent authority to weigh all relevant circumstances when deciding whether to grant permission to contest the elections or not. It is not possible for us to substitute our opinion with that of the competent authority having considered all the materials while refusing permission. It is ultimately for the competent authority to weigh all relevant circumstances when deciding whether to grant permission to contest the elections or not. Mere desire to contest the elections will not amount to a breach of any right of the petitioner when the application for permission, as is the requirement of the service rules, is rejected after considering all relevant materials. 12. In the facts of the present case, we see no reason to interfere with the decision of the competent authority. The Hon'ble Supreme Court in State of NCT of Delhi and Anr. V/s. Sanjeev alias Bittoo, (2005) 5 SCC 181 has held that one of the points for determination was the scope for judicial interference in matters of administrative decisions. Administrative action is stated to be referable to broad area of Governmental activities in which the repositories of power may exercise every class of statutory function of executive, quasi-legislative and quasi-judicial nature. It is trite law that the exercise of power, whether legislative or administrative, will be set aside if there is manifest error in the exercise of such power or the exercise of the power is manifestly arbitrary. 13. Taking an overall view, we neither see any manifest arbitrariness, error or fault in the decision making process by the competent authority who has considered all the relevant factors while refusing the sanction. We, therefore, do not find any merit in this petition. The petition is therefore rejected. No costs.