Apex Court vacates HC stay on appointment of Reddy as CEE

The Goan Network | AUGUST 19, 2017, 03:31 AM IST
Apex Court vacates HC stay on appointment of Reddy as CEE
PANAJI: The Supreme Court on Friday vacated a stay granted by the High Court on the appointment of Neelakanta Reddy as the Chief Electrical Engineer of the Government of Goa.

The order was delivered based on an appeal filed by the State Government against the High Court's interim order which stayed the order appointing Reddy as the Chief Electrical Engineer.

Speaking to The Goan, Additional Solicitor General of India Atmaram Nadkarni said that the Supreme Court had ruled in favour of the government agreeing with the argument that Kolvekar had no right to the post.

Nadkarni representing the government, had argued that the question of giving Kolvekar a hearing before he was superseded by another engineer in the department did not arise as he had no right to the post.

On the other hand, Kolvekar who through his legal team argued that he was the senior most officer of the department and that Reddy who had already retired was further given an extension by the Government, which was unfair.

Reddy a Superintending Engineer and Additional Chief Engineer in the Electricity Department was given additional charge as "Chief Electrical Engineer" through an order by the Department of Personnel on June 1.

The same order relieved Laxmikant Kolvekar who was the then Chief Electrical Engineer on officiating basis and an additional Chief Electrical Engineer.

Aggrieved by the government's decision to elevate someone junior to him, Kolvekar approached the Bombay High Court at Goa, which as interim relief granted a stay to the order.

Kolvekar through his lawyer told the High Court that the Government of Goa had acted unfairly by reverting him to the post of Additional Chief Engineer in the Electricity Department.

He said he was is senior most Additional Chief Engineer and as such was appointed on officiating basis initially from July, 2015 and after the services of the regular incumbent to such post came to be terminated. He was again appointed on the recommendation of the Local Departmental Promotion Committee to the post of the Chief Electrical Engineer in the Electricity Department on officiating basis.

"In flagrant arbitrary action, the petitioner was reverted to the post of Additional Chief Engineer," Lotlikar told the court.

On the other hand, Advocate General Dattaprasad Lawande who defended the Government's action out that there is no stigma cast in the work of the petitioner and only for the purpose of improving the functioning of the Department and in public interest such action has been taken.

The Advocate General pointed out that as the petitioner was only on temporary appointment, the petitioner has no right to such post and as such the question of invoking the jurisdiction under Article 226 of the Constitution of India would not arise.

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 'POWER'-GAME TIMELINE

* Laxmikant Kolvekar who was then Chief Electrical Engineer on officiating basis is relieved by an order of the Goa government

* Neelakanta Reddy, a Superintending Engineer in the Electricity Department, is given additional charge as Chief Electrical Engineer

* Aggrieved by the government's decision to elevate someone junior to him, Kolvekar approaches the Bombay High Court at Goa

* The Bombay High Court at Goa grants a stay on the appointment of Neelakanta Reddy as the Chief Electrical Engineer

* Victory for Goa Government as the Supreme Court vacates stay granted by the HC on the appointment of Neelakanta Reddy

 

 

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