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2024High CourtLegalOctober 2024

Retirement – Inquiry initiated after ten years & withholding of retirement benefits

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The petitioner had retired as Professor & Head of the Department of Surgery, Goa Medical College, on 31.12.2018 at the age of 65 years (after three years extension).

On 12.9.2016, the then Disciplinary Committee exonerated the petitioner, after conducting the investigation into the complaint dated 2.8.2010 in respect of death of patient due to medical negligence.

After two years of retirement, i.e. on 21.7.2020, the notice of the Inquiry Authority was given to the Petitioner to conduct disciplinary proceedings in respect of July 2010 incident.

HELD in the facts of the present case and also on ground of delay in initiating the inquiry, it was found that the petitioner has suffered enough mental agony on account of the disciplinary inquiry.   The petition was allowed, the inquiry was set-aside and retiral benefits were granted.

Judgment dated 3.10.2024 of the High Court of Bombay at Goa in Writ Petition No.453 of 2023 of Dr. Dilip Amonkar  Vs.  State of Goa and others

 

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