- (1.) This special appeal is arising out of the judgment and order dated 22nd April, 2003 passed by the learned Single Judge in Civil Misc. Writ Petition No. 33047 of 2002 (H.N. Srivastava v. Food Corporation of India and Ors.), thereby allowing the writ petition in favour of the Respondent-writ Petitioner.
(2.) The main contention of the Respondent-writ Petitioner is that inspite of none of the charges as levelled against him having been proved before the enquiry officer except some irregularities in properly recording details on the concerned register and the stock stored at various places of depot, the disciplinary authority passed an order dated 21st May, 2002 reverting the Respondent-writ Petitioner from the post of AG-I to AG-II (D) and also imposed penalty to the tune of Rs. 1,99,897/- on account of pecuniary loss. Such order of reversion was challenged by filing writ petition before the learned Single Judge, when upon hearing the parties the Court was pleased to allow the writ petition and quash the order dated 21st May, 2002 passed by the authority concerned. Such order of learned Single Judge dated 22nd April, 2003 is impugned in this appeal.
(3.) This appeal was preferred on 22nd May, 2003 and on 23rd May, 2003 upon hearing learned Counsel for the parties a Division Bench of this Court has stayed the operation of the order of learned Single Judge dated 22nd April, 2003 with a liberty to file an application for vacation, variation or extension of the order. Hence, the order of reversion was in operation. Respondent-writ Petitioner was allowed to work as AG-II (D) for a period of four years. The tenure of four years was to expire in May, 2006. However, when the Respondent-writ Petitioner was working as AG-II (D), he was compulsorily retired in the year 2004 in another departmental proceeding vide order dated 26th October, 2004 arising out of selfsame incident. Neither he has challenged such order in any civil proceeding nor in the writ proceeding. Additionally, he has received his full retiral benefits i.e. leave encashment, gratuity, contributory provident fund, etc. after his retirement in 2004 itself. No dues are pending. However, the Appellant Corporation has recovered amount of alleged loss i.e. Rs. 1,99,897/- as penalty from the salary of the delinquent.;