Shabihul Hasnain, J. - (1.) Heard Sri S.K. Mehrotra, learned counsel for the petitioner and Sri Alok Mathur, learned counsel appearing for the opposite parties. The petitioner has filed this writ petition against the order dated 17.6.2002 passed by District Manager (Disciplinary Authority) of the Food Corporation of India, which has been impugned and is annexed as annexure- 1 to this writ petition. Through this order, penalty of recovery of Rs. 1,09,790. 00 in thirty six equal instalment has been imposed upon the petitioner under regulation -56 of Food Corporation of India Staff Regulation, 1971.
(2.) Sri S.K. Mehrotra, learned counsel for the petitioner has argued that the order impugned is arbitrary, non-speaking and has been passed in mechanical manner without proper application of mind. The reply submitted by the petitioner to the charges levelled against him has not been considered. On these grounds the order is vitiated and is liable to be set aside.
(3.) The case of the petitioner, in nutshell, is that while he was posted as A.G. -II (PP), he was assigned duty of dispatching sugar from Hargaon to Jai Nagar (Bihar). He dispatched the sugar through railway receipts but when the sugar reached Jai Nagar, consignee made a complaint that the sugar was of sub-standard and hence a claim was made against the Food Corporation of India. The petitioner has been held responsible without any inquiry and thereafter, the recovery has been imposed as aforesaid.;