TARAKESWAR NANDI Vs. FOOD CORPORATION OF INDIA
LAWS(CAL)-2001-12-16
HIGH COURT OF CALCUTTA
Decided on December 07,2001

TARAKESWAR NANDI Appellant
VERSUS
FOOD CORPORATION OF INDIA Respondents

JUDGEMENT

A.K.Mitra, J. - (1.) This writ petition is directed against the disciplinary proceeding initiated and the final order dated 23.3.93 passed by the Zonal Manager (East), Food Corporation of India, against the writ petitioner.
(2.) The case as has been made out by the petitioner in the writ petition is inter alia as follows : The petitioner was appointed in the post of Junior Clerk with effect from 6.5.1963 under the erstwhile Regional Director (Food), Government of India, Calcutta. Thereafter, he was promoted to the post of Senior Clerk in the middle of 1970. The services of the petitioner was transferred to the Food Corporation of India and the petitioner was designated A-G II Ministerial. The petitioner was promoted to the post of Assistant Grade-I (Ministerial) in March, 1973 and on promotion, the petitioner was transferred to Purnia. Subsequently, considering his efficiency, the petitioner was promoted to the post of officer i.e. Assistant Manager and his service was placed in the accounts cadre and he was posted to the Regional office at Patna, as an Assistant Manager (Accounts) on 16.12.1979.
(3.) While the petitioner was working as an Assistant Manager (Accounts) being attached to the Food Corporation of India, Zonal IA & PV branch he was served with a charge-sheet through Memorandum being No. VIG 2(7)/87 dated 17.7/3.8.87. In the said Memorandum containing Articles of charge it was stated that an enquiry under regulation 58 of the Food Corporation of India (Staff) Regulation, 1971 will be held. The petitioner has annexed the said Memorandum of charges being annexure-A to the writ petition. In response to the said charge-sheet the petitioner submitted his reply which has also been made annexure-B to the writ petition. Shri A.K. Biswas (OC) was appointed as enquiry officer. Before the first enquiry officer, the petitioner made a petition on 26.7.88 praying for production of 6 items of documents. The petitioner has annexed the copy of the said petition dated 26.7.88 as annexure-C to the writ petition. It may be mentioned that change of enquiry officer was made from time to time.;


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