- (1.) This writ petition is directed against the order dated 5th August, 1997, contained in Annexure-1 to the Writ Petition, whereby petitioner has been reduced to his initial pay-scale of Rs. 2720-4430/- on the basis of charges mentioned in the disciplinary proceedings.
(2.) Facts, in brief, giving rise to filing of this petition are that petitioner was appointed as Assistant Grade-II in the respondent corporation on 19th September 1981. He was, subsequently, transferred to Ballia on 16.7.1984. It appears that on 18th March 1984, the vigilance squad of respondent corporation visited the Ware House at Ballia and found deficiency in stock of food-grains stored amounting to Rs. 35,136.35/-. After expiry of more than three years, a charge-sheet was issued to petitioner as well as two other Ware Housing Assistants as well as Ware House Manager. The charge-sheet which has been brought on record of the writ petition reads as under:- "STATEMENT OF ARTICLE OF CHARGES FRAMED AGAINST SHRI. R.N.SINGH, WA-II, CW, BALLIA That while functioning as WA-II at CW. Ballia during the year 1987 and 1988, Shri R.N.Singh colluded with S/Shri T.R. Rajak, Warehouse Manager, N.D. Singh, WA-II and K.N. Chaubey, WA-II and misappropriated 172.25.700 quintals wheat stocks of FCI partly by manipulation in weighment and partly in 52 bags of parent stocks, which were substituted by 'C' class gunnies having no marka and filled up with some grains to make up the shortage in number of bags and attempted to pass it of as storage loss causing a financial loss of Rs. 35,136.35 to the Corporation. The said Shri R. N. Singh, thus committed gross misconduct and failed to maintain absolute integrity and devotion to duty thereby violating regulation 39(i) (a) & (b) of CWC(Staff) Regulations, 1986."
(3.) Petitioner submitted his reply on 16.5.1991, stating that he was deployed in godown 2-A and 2-E, where fertilizer and palm oil were stored, whereas the deficiency of food-grains had been detected in a different shed i.e. godown Nos. 1-A, 1-C and 1-D. Petitioner stated that it was only in the absence of the employees posted in these sheds that for brief periods he was assigned to look after such work, but he was otherwise deputed to look after work of sheds where no food-grains were stocked. The charges were denied by the petitioner, as such, the inquiry proceedings commenced. The procedure for holding of inquiry was to be regulated in accordance with provisions of the Central Ware Housing Corporation (Staff) Regulations, 1986 (hereinafter referred to as "the Regulations of 1986"). The proceedings of inquiry were undertaken and petitioner was found guilty of the charges levelled against him, by the Inquiry Officer. A show cause notice was thereafter issued on 26.6.1995, to which a reply was submitted stating that petitioner was not provided with the services of Defence Assistant in terms of the applicable provisions of the Regulations of 1986; petitioner was not provided with some of the documents, which had been demanded by him; the orders, whereby charge was assigned to different employees, were demanded so as to substantiate petitioner's plea, but the same was denied and that the inquiry proceedings were not conducted in accordance with principle of natural justice. The disciplinary authority, however, rejected petitioner's defence and by the order impugned held that the petitioner is guilty of charges levelled against him and awarded the punishment already noticed above.;