VERNON COELHO Vs. INSTITUTE OF HOTEL MANAGEMENT

JUDGEMENT

(1.) Rule. By consent of the parties, Rule made returnable forthwith and heard finally.

(2.) Since 1986 the petitioner has been the Head of the Department, Food Production with respondent No.1.

(3.) The first respondent issued a memorandum dated 1st June 2010 (1st memo) to the petitioner along with a statement of imputation of misconduct or misbehaviour based on which it was proposed to take action against the petitioner under Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for brevity referred to as 'CCS(CCA), Rules'). The petitioner was also called upon to submit his representation in response to the memorandum. The allegation in the statement of imputation against the petitioner was that the petitioner took leave for foreign visits giving reasons "vacation or personal" but actually participated in cookery shows launched by foreign organizations one of which was in Germany. It is alleged that the petitioner thereby engaged in private trade or employment. It is also alleged that while applying for leave, the petitioner had given an undertaking not to engage in private trade or employment which he had breached and by the said acts the petitioner has acted in a manner unbecoming of a government servant. The petitioner replied to the said memorandum and denied that he had violated any provisions of CCS (Conduct) Rules, 1964. The respondent no.1 did not proceed further with the 1st memo.