- (1.) Devesh Kumar Arya is before this Court assailing the validity of the order dated 6.7.2010 passed by the Executive Director (North), Food Corporation of India, Zonal Office (North), Noida, Gautam Budh Nagar dispensing with the services of petitioner from the Corporation in exercise of authority vested under Regulation 63 (I) of FCI (Staff) Regulations, 1971.
(2.) Brief background of the case as is reflected from the records is that the Food Corporation of India is a statutory corporation constituted under the provisions of Food Corporation Act 1964 and is an instrumentality of the state for purposes of Part III of the Constitution. The service conditions of the employees are governed by statutory regulations framed in exercise of powers vested under Section 45 of the Food Corporation Act 1964 with the previous sanction of the Central Government. Petitioner was appointed in the corporation as an Assistant Grade-III in April 1976 and since then till the date of dispensation of service, has been in continuous service. In November 1985, petitioner was promoted as Assistant Grade-II; in December 2000 further promoted as Assistant Grade-I and by an order dated 19.8.2009 petitioner was promoted as Manager and in pursuance of the aforesaid promotion order petitioner joined as Manager on 19.8.2009 and has been working in the said capacity. While the petitioner was holding the post of Assistant Grade-I, he was posted at New Talvandi Road Depot, Faridkot in the State of Punjab and on 31.12.2002 an FIR bearing No. 195 was lodged under Section 409 IPC at police station Faridkot City against the petitioner and two other persons namely G.D. Sharma and Vijay Kumar Mishra. On completion of investigation there a criminal charge-sheet was filed in the year 2004 and on the basis of same criminal case no. 459 of 2004 has been instituted in the court of Chief Judicial Magistrate, Faridkot. Based upon the allegations which were the subject matter of the aforesaid FIR disciplinary proceedings were initiated against the petitioner under memorandum dated 24.2.2004 under Regulation 58 of the FCI (Staff) Regulations, 1971 and on conclusion of the disciplinary proceedings by an order dated 2.4.2007 issued by the General Manager, Regional Office, Chandigarh, the penalty of reduction in Time Scale by two stages with cumulative effect and recovery of Rs. 20,000/- was inflicted upon the petitioner. In pursuance of the aforesaid recovery order recovery of Rs. 20,000/- has been made from the salary of petitioner. In pursuance of the said order salary of petitioner stood reduced by two stages in the Time Scale of pay and the order dated 2.4.2007 had attained finality and same was not challenged by way of appeal by the petitioner. The criminal proceedings referred to above, were already pending both on the date of initiation of disciplinary proceedings by memorandum dated 24.2.2004 as also on the date of passing of the order dated 2.4.2007 inflicting the penalty upon the petitioner.
(3.) The criminal proceedings in the form of Criminal Case No. 459 of 2004 has been decided by the Chief Judicial Magistrate, Faridkot by judgment dated 20.1.2010 and by means of the same petitioner has been convicted to undergo rigorous imprisonment for five years. Aggrieved by the judgment dated 20.1.2010, petitioner has filed a criminal appeal in the court of Sessions Judge, Faridkot, which is pending consideration and in the same, Sessions Judge, Faridkot, has passed an order dated 22.1.2010 suspending the order passed by the Chief Judicial Magistrate, Faridkot till the final disposal of the appeal. Thereafter, the General Manager, Food Corporation of India, Chandigarh, has proceeded to issue a memorandum dated 9.2.2010 calling upon the petitioner to show cause as to why he should not be dismissed from service in view of the aforesaid conviction. In response to the aforesaid show cause notice petitioner submitted a detailed reply dated 20.3.2010 and on 6.7.2010 an order has been passed by the Executive Director (North), Food Corporation of India, Zonal Office (North), Noida, Gautam Budh Nagar dismissing the petitioner from service, which is impugned in the present writ petition. Petitioner at this juncture is before this Court.;