Decided on December 12,2012

Sureshanand Sharma Appellant


KALYAN JYOTI SENGUPTA, J. - (1.) HAVING satisfied with the explanation given in the affidavit, I allow restoration application No. 958 of 2012 and recall order dated 27th November, 2012. The matter is restored on file. Immediate after restoration by consent of the parties, the writ petition itself is taken up for final hearing today.
(2.) THE writ petitioner was Assistant Manager at the relevant point of time. He has impugned two orders of punishment dated 29th December, 2005 passed by the Departmental Appellate Authority and 5/6th September, 2005 passed by the Disciplinary Authority.
(3.) THE fact of the case is as follows: The petitioner on or about 27th February, 2004 was put under suspension. Thereafter, chargesheet was issued against him for holding an inquiry for commission of misconduct. This chargesheet was issued on 11/15th October, 2004. Seven sets of Article of charges were mentioned in the chargesheet and the same are set out hereunder: - "Article -I Shri Sureshananad Sharma AM(D) misbehaved with the then SRM, in presence of officers and staff. He also attempted to Physical Assault the SRM when SRM was on surprise visit to hired Railway Godwon Rishi Kesh on Feb.27 -2 -2004. Article -II He was found involved in defaming the then SRM as well as FCI by lodging an FIR on false allegations and he lodged FIR without seeking prior permission of the C.A. Article -III During surprise visit of SRM it was found that stocks were not stored properly and without wooden crates/dunnage although crates were reportedly available as per photographs taken by the SRM. In the earlier case in respect of stocks ex -Chamkaur Sahib also he was found indulged in not arranging proper salvaging to complaint and affected stocks which were stored on Kacha plinth without wooden crates & FCI suffered losses as he declared stock as damaged on the basis of segregating the bags without salvaging the stocks. Article -IV He was found indulged in inviting Sahara Samay T.V. Team on Feb 29th 2004 (Sunday) and he was seen giving interview to TV Team. For his this act as well as to open godown as Sunday he did not seek prior permission and also that on 29 -2 -2004 he was under suspension. In his interview to TV Team he highlighted the incidence on Feb 27, 2004 and other anti management activities. Article -V Shri S.N. Sharma was placed under suspension vide RO order No:Vig.4(183)DO DDN/2004/5556 dated 27 -2 -2004 which was received by him on 28 -2 -2004 but intentionally he mentioned the date of receipt as 01 -03 -2 004. Thus found involved in manipulation of record. Article -VI He was found indulged in tampering of records as in spite the fact that he was under suspension on 29 -2 -2004 he forwarded transportation bill of M/s Prabhat Transport Co. vide letter No.FCI/RKSH/Local/ TC/2003 -04 dated 29 -2 -2004 and signed another letter No.FCI/RKSH/TC/Simli/ 2003 -04 dt. 29 -2 -2004 submitting bills of transport to Distt. Manager. In the same day he also signed attendance register of staff for Feb,2004. Thsu involved in tampering of FCI records. Article -VII Due to utter negligence of Shri S.N. Sharma FCI had suffered financial losses due to payment of Demurrage charges amounting to Rs.32,070/ - during July, 2003 and Rs.26,634/ - during Aug.03 and against these demurrage payment he did not conduct any investigation except for a remark in the demurrage statement that amount is to be deducted from the transport contractor and labour. The said amount is found non -recoverable in absence of any documents. Had Shri Sharma made efforts to conduct investigation and book the defaulter transport contractor the said amount would have been recovered. This caused financial loss to the Corporation." The petitioner replied to the said charges, and after considering his reply, it was decided that the inquiry would be held. So, a retired Army Officer was appointed to inquire into the matter under the Regulation 58 (2) of the Food Corporation of India (Staff) Regulations, 1971 read with Section (3) of the Public Servants (Inquiries) Act, 1850. The petitioner participated in the disciplinary proceedings. The Inquiry Officer, after hearing the petitioner, and considering the evidence both documentary and oral, came to the following findings. Article -I - Charge of misbehaviour by the petitioner is proved beyond any doubt but the attempt of physical assault could not be established. Article -II -Filing of F.I.R. is without permission is proved beyond any doubt. Charge of defaming the then SRM calling harijan and physical assault by C.O. was also not proved. That also amounts to false allegation. Article - III - During surprise visit of SRM, it was found that stocks were not stored properly and without wooden crates / dunnage although crates were reportedly available as per the photographs taken by the SRM is beyond doubt. Second part of stock ex -chamkaur Sahib does not stand the scrutiny of reasonings have not been proved. Article IV, V, VI and VII stand proved as reasonings given in the preceding paragraph.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.