Court : Mumbai Goa
K.L. Wadane, J. 1. The present petition is filed by the petitioner seeking to quash and set aside the First Information Report bearing Crime No.RC/6(A)/2014/CBI/ACB/GOA dated 5.8.2014 registered by the CBI/ACB Goa under Section 420 r/w 120-B of Indian Penal Code and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. 2. The brief facts of the case may be stated as follows: The petitioner and his wife Dr. Anju Pandey are the Scientists at the National Centre for Antarctic and Ocean Research (NCAOR) Goa, an Autonomous Research Institute under the Ministry of Earth Sciences (MOES), Government of India. On 05.8.2014, Mr. V. Ashok Kumar, Additional Superintendent of Police incharge Head of Branch CBI/ACB/Goa, lodged a complaint against the present petitioner and the other accused persons for the offence as referred above. 3. We have perused the contents of the First Information Report. In short the allegations are as follows: (1) In the year 2002, the accused nos.1 to 4 en...
Tag this Judgment!Court : Mumbai Goa
K.L. Wadane, J. 1. Heard Mr. J. Vaz, learned Special Public Prosecutor for the petitioners, Mr. A. N. S. Nadkarni, learned Advocate General for the respondent no.1 and respondent no. 2 in person. 2. Rule. 3. Heard forthwith with the consent of the learned counsel appearing for the respective parties. Mr. D. Lawande, learned Additional Public Prosecutor waives notice on behalf of the respondent no.1. Respondent no. 2, who appears in person, waives service. 4. The petitioners/original respondent nos. 1 and 2 have challenged the order dated 3.5.2014 passed by the Special Judge, CBI Court for Goa at Mapusa in Criminal Miscellaneous Application No. 2/2014, by which the learned Judge in exercised of powers under Section 156 of Cr.P.C. directed the petitioners to register an FIR against one of the accused namely Shri Caetano Silva under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act( hereinafter referred to as the Act? for short) and other penal provisions, in ca...
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U.V. Bakre, J. Rule. By consent heard forthwith. 2. By this petition filed under section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution of India, the petitioners have prayed to quash and set aside all proceedings in Criminal Case No. 2/S/2012/B pending before the Court of Judicial Magistrate, First Class at Vasco-da-Gama (Goa) along with the F.I.R. registered on 25/04/2008 by the CBI(ACB), Goa. 3. F.I.R. dated 25/4/2008 was lodged by Shri S. S. Harwalkar, the superintendent of Police, CBI/ACB/Goa. It was alleged that during the period from 2005 to 2006, M/s. Adani Exports Ltd, Ahmedabad imported two consignments of Naphtha and one Consignment of Fuel Oil at Goa Port. The petitioners and others named in the F.I.R. illegally allowed the warehousing of the said consignments in the private Bonded Tank of M/s. Ganesh Benzoplast Ltd., Mormugao, after expiry of licence No. 2/05 on 31/12/2005 and without permission of Assistant Commissioner of Customs. They did...
Tag this Judgment!Court : Mumbai Goa
U.V. Bakre, J. Rule. By consent heard forthwith. 2. By this petition filed under section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution of India, the petitioners have prayed to quash and set aside all proceedings in Criminal Case No. 2/S/2012/B pending before the Court of Judicial Magistrate, First Class at Vasco-da-Gama (Goa) along with the F.I.R. registered on 25/04/2008 by the CBI(ACB), Goa. 3. F.I.R. dated 25/4/2008 was lodged by Shri S. S. Harwalkar, the superintendent of Police, CBI/ACB/Goa. It was alleged that during the period from 2005 to 2006, M/s. Adani Exports Ltd, Ahmedabad imported two consignments of Naphtha and one Consignment of Fuel Oil at Goa Port. The petitioners and others named in the F.I.R. illegally allowed the warehousing of the said consignments in the private Bonded Tank of M/s. Ganesh Benzoplast Ltd., Mormugao, after expiry of licence No. 2/05 on 31/12/2005 and without permission of Assistant Commissioner of Customs. They did...
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1. All the three Criminal Revision Applications are being disposed of by this common judgment and order as the issue involved in all the three revisions is same inasmuch as the revision petitioner/original accused nos.3,4 and 5 have asked for discharge from Special Case No.4/2003 pending before Special Court, North Goa, Panaji. All the three revision petitioners have prayed for quashing and setting aside the order dated 25/06/2008 passed by learned Special Judge, North Goa, Panaji vide which charges were directed to be framed against the present petitioners along with other co-accused. 2. Heard learned Counsel for respective petitioners. Also heard learned Public Prosecutor for the respondent, State, through CBI, Panaji-Goa. Prior to appreciating the rival submissions on the aspect whether the petitioners can be discharged from the proceedings, certain earlier events and certain admitted position can be narrated in order to have proper perspective of the case. 3. On or about 25/10/1999...
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The appeal is filed under Section 82 of Employees State Insurance Act, 1948 (in short, 'ESI Act') against judgment and order of EIC No.3/2004, which was pending before Employees Insurance Court, South Goa, Margao. The application filed by present respondent, business concern under Section 75 of ESI Act to challenge the orders made by present appellant, Corporation on 29/07/1998 and 17/08/2004, which were made to cover the establishment of respondent under ESI Act and to ask the respondent to give the contribution, is allowed by Insurance Court. In the present proceedings both sides are heard. 2. In short, the facts leading to the institution of appeal can be stated as follows: On 29/06/1998, one Inspector of Insurance Office of the appellant, Corporation visited the office premises of present respondent situated at Pereira Chamber, Vasco-da-Gama and he inspected the record of the employees of the respondent. Accountant of respondent produced the record like wage register, attendance re...
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Oral Judgment: 1. Rule. Rule made returnable forthwith. 2. Mr. Rivakar, learned Public Prosecutor waives service on behalf of respondents no.1 and 2.and Mr. Shet waives service on behalf of respondent nos. 3 and 4. 3. Heard finally by consent of the parties. 4. By this petition under section 482 of the Cr.P.C., the petitioners who are the accused in Session Case No. 22/2015 pending on the file of the 1st Additional Sessions Judge, North Goa at Panaji are seeking quashing of the charge sheet/proceedings. 5. The prosecution case as per the complaint filed by the respondent no.3, who is the wife of the respondent no.4/victim on 16/10/2014, is that on 16/10/2014 at about 17.00 hours when the respondent no.4 was standing near the truck at the fish market, he was assaulted by the petitioner no.1 by a hockey stick/iron rod on his leg and other parts of his body. It is stated that the petitioners no. 2 and 3 had caught hold of the shirt of respondent no.4. On the basis of complaint lodged by r...
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Z.A. Haq, J. 1. Heard. Rule. Rule made returnable forthwith. 2. This Writ Petition and the other connected writ petitions raise the issue about the entitlement of the petitioner to join/continue on the post of œLabourer? Group œD? Non-Gazetted posts on Work-charged Establishment in the Public Works Department- P.W.D. of the State. 3. The relevant facts are: An advertisement was published in the œTimes of India? Goa Edition dated 11/2/2011 inviting applications for the posts of Labourer on Work-charged establishment of the Public Works Department of the Government of Goa. Forty posts of Labourers were advertised and the reservations were also shown. It was stated that the number of vacancies shown in the advertisement were tentative and likely to increase. It was further stated that the additional vacancies likely to occur within the validity period of DSC will also be considered for filling up from amongst the candidates who applied in response to the advertisement an...
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Z.A. Haq, J. 1. The petitioner challenges his compulsory retirement on the ground that it is punitive in nature and not in public interest and therefore, the decision of compulsory retirement could not have been taken without conducting an inquiry as contemplated by the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The petitioner has further raised the ground that the Resolution no. 71 of 2007 passed by the Board of Directors on the basis of which the petitioner is retired compulsorily does not record satisfaction of the Board of Directors to the effect that the petitioner has ceased to possess the level of competency and efficiency and therefore, the decision of retiring the petitioner compulsorily is unsustainable in law. 2. The case of the petitioner is: The petitioner was appointed as Accountant in the Respondent no.1/Corporation on 13/12/1982. The petitioner was appointed as Assistant Financial Controller in 1985 promoted as Deputy Financial Controller i...
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Oral Judgment: 1. Rule. Rule made returnable forthwith. 2. Mr. Rivakar, learned Public Prosecutor waives service on behalf of respondents no.1 and 2.and Mr. Shet waives service on behalf of respondent nos. 3 and 4. 3. Heard finally by consent of the parties. 4. By this petition under section 482 of Cr.P.C., the petitioners, who are the accused in Criminal Case No. IPC/8/2015 pending before the learned Judicial Magistrate First Class, D? Court, Panaji are seeking quashing of the charge sheet. 5. The brief facts are that the complainant/injured Avinash Cabral is in the business of pisciculture. The petitioners also belong to the fishermen community. The incident in question is alleged to have occurred on 12/9/2014 at about 19.30 hours in front of Avinash Bar. It is said that Avinash along with his friend one R. Harmalkar (complainant) were standing in front of the bar when the petitioner no.1 along with his son Neon Cruz his two daughters namely, Diana Cruz and Nazia Cruz came there and ...
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