- (1.) The Petitioner, a dismissed employee, serving in the Food Corporation of India, (for brevity, hereinafter referred to as 'the Corporation') established under the Food Corporation of India Act, 1965, as Assistant Manager, has taken shelter of this Court under Article 226 of the Constitution of India impeaching Order No 4 (13/Vig./NZ/88/UP Vol. II dated 29-9-1988 passed by the Zonal Manager (North) and No. Vig. 4 (23)/86 dated 16-3-1988, seeking relief, in main, for issuance of a writ in the nature of certiorari quashing the same.
(2.) All the Respondents, except Respondent No. 4, Sri B. P. Goyal, Deputy Manager (Enquiry), who was arrayed by name in his personal capacity owing to allegations of mala fide, have been served and are represented by Sri N. P. Singh. The name of the Respondent no 4, with the leave of the Court, has been deleted, and as such all the parties have been served and are duly represented, and on their behalf counter and rejoinder affidavits have been exchanged.
(3.) Sri V.K.S. Chaudhary, Senior Advocate, appearing for the Petitioner succeeded in pursuading the Court for deciding the petition itself finally as the case was ripe and all the parties were represented. I considered it proper to accept the prayer so made by the learned Counsel for the Petitioner for deciding the case finally in exercise of power under the second proviso to Rule 2 of of Chapter XXII of the Rules of Court, 1952. Learned Counsel for the Respondents submitted that though he has no objection for deciding the case finally but he may be allowed to address the Court on the question of maintainability of the petition. His prayer was also accepted.;