- (1.) This Second Appeal has been filed by the defendants against the judgment and decree dated 17.12.1985 of the learned IIIrd Additional District & Sessions Judge, Moradabad by which the appeal filed by the plaintiff against the judgment and decree dated 2nd April, 1984 of the Trial Court dismissing Original Suit No.215 of 1981 was allowed and the suit was decreed for the declaration that the order dated 18th April, 1981 dismissing the plaintiff from service was illegal and ineffective and the defendants were directed to treat the plaintiff in service as if the impugned order dated 18th April, 1981 did not exist.
(2.) The plaintiff-respondent was appointed as Assistant Grade-III (Depot) in the Food Corporation of India and at the relevant time was posted at the Food Storage Depot at Rampur. Loss of 269 bags of Sugar from the godown under the charge of the plaintiff was reported and two other officials Sri A.R. Khan, Assistant Grade-II (Depot) and Sri S.K. Gupta, Assistant Grade-I (Depot) who exercised coordinate and supervisory jurisdiction respectively in the godown in question were suspected of having colluded with the plaintiff for causing the aforesaid loss to the Food Corporation of India. The Joint Manager who had been appointed as the Enquiry Officer, submitted his report holding the plaintiff-respondent guilty of causing loss of 269 bags of Sugar to the Food Corporation of India. The report was accepted by the Regional Manager who imposed the penalty of dismissal from service by means of the order dated 18th April, 1981. The Suit was filed alleging that the prescribed procedure in the enquiry had not been followed; that the authority imposing the punishment of dismissal from service was junior to the authority that had appointed him and that in any view of the matter the charges were not proved. The Trial Court framed as many as 10 issues and it upheld the punishment of dismissal from service and dismissed the suit.
(3.) The Appellate Court framed a preliminary issue as to the competence of the Regional Manager to impose the punishment of dismissal. The Appellate Court came to the conclusion that though under Appendix II of the Food Corporation of India (Staff) Regulations, 1971 (hereinafter referred to as the ''Regulations') both the Regional Manager and the Senior Regional Manager were competent to impose the penalty upon the plaintiff but in view of the specific order of the Senior Regional Manager, it was only the Senior Regional Manager who was competent to impose the punishment on the basis of the common proceedings carried out against the plaintiff-respondent and the other two employees Sri A.R. Khan and Sri S.K. Gupta. It, accordingly, came to the conclusion that the order of dismissal was passed by an authority not competent to impose the punishment and quashed the order dated 18th April, 1981.;