- (1.)The respondent while holding the post of District Manager in the Food Corporation of India (for short the FCI) was proceeded against in a disciplinary proceedings as contemplated under Regulation 60 of the Food Corporation of India (Staff) Regulations, 1971 (for brevity "the Regulations") on the ground that during the period 15.7.99 to 21.1.02 while the respondent was working at North Lakhimpur Region, FCI in Assam had not faithfully carried out his duties as a consequence of which the Corporation suffered financial loss. After the preliminary inquiry, a show cause notice was issued calling for a representation and eventually the punishment for recovery of a sum of rupees five lakhs and censure was passed against the respondent.
(2.)The aforesaid order of punishment constrained the respondent to approach the High Court in Writ Petition No.16812(w) of 2006. Before the writ court the singular contention that was highlighted was that the disciplinary authority had not complied with Regulation 60(1)(b) of the Regulations and, therefore, the whole proceeding was vitiated. The learned Single Judge appreciating the facts and adverting to the submissions raised at the Bar came to hold that the disciplinary authority, the Chairman-cum-Managing Director, had not formed any opinion either to hold a regular inquiry or not as contemplated under Regulation 58 for imposing the major penalty and, accordingly, he quashed the order of punishment as well as the show cause notice.
(3.)Being dissatisfied, the Corporation preferred F.M.A.No.1187 of 2007 and the Division Bench placing reliance on the decision of this Court in Food Corporation of India, Hyderabad & Ors. v. A. Prahalada Rao & Anr., 2001 1 SCC 165 concurred with the view expressed by the learned Single Judge and consequently dismissed the appeal.