PRASENJIT MANDAL, J. - (1.) CHALLENGE is to the order dated July 31, 2004 passed by the Deputy Manager (General), Food Corporation of India, Kolkata (hereinafter shall be called as 'FCI') thereby passing an order of termination of services of the petitioners. The prayer for other reliefs has also been sought for. The appointment in the FCI particularly in the Class-IV category of the SC & ST candidates has a chequered history.
(2.) THE short fact necessary for the purpose of this case is that pursuant to an advertisement by the FCI for recruitment of 115 posts of Class-IV employees under the Scheduled Caste and Scheduled Tribe category, the seven petitioners and many others applied for the said posts. Selection process was adopted accordingly for selection to the aforesaid posts. Accordingly, 115 candidates were recruited for various Offices of the FCI in Class-IV posts in 1997. Three writ applications were filed later on by the unsuccessful candidates before this Hon'ble Court for setting aside the recruitment and selection of the candidates who were 108 in numbers at that time. By a common judgment dated October 15, 2001, a learned Single Judge of this Hon'ble Court held that the irregularities pointed out by the writ petitioners of the said three writ petitions although deserved importance, could not be a relevant factor for setting aside the entire recruitment process. In the year 1997, appointments were given and the said 115 persons were working in various offices of the FCI. Accordingly, the learned Judge directed, inter alia, the FCI to form a high power committee to go into the allegations of the writ petitioners and to investigate the same and in case of such allegations were found to be correct, the said Committee would fix the responsibilities of the Officers of the FCI and to take adequate punitive measures against those erring officers.
(3.) THREE appeals were preferred by the then writ petitioners against the judgment and order dated October 15, 2001 passed in the said three writ petitions and the said three appeals were disposed of by a Division Bench of this Hon'ble Court by a common judgment and order dated November 6, 2003 thereby affirming, inter alia, the judgment and order passed by the learned Single Judge. A direction was also given for holding an interview of all those 108 candidates as well as the writ petitioners in the three writ petitions who were 31 in number and to give appointment to the successful candidates for the posts already available, namely, 115 posts which were filled up earlier. The rest of the candidates might be allowed to be absorbed if successful in the selection against the vacancy of the respective class if available. Being aggrieved by the order of the Division Bench, a Special Leave Petition was filed before the Hon'ble Supreme Court by the working employees, but, the same was dismissed on April 16, 2004 on the ground that the case was not fit for interference. The present petitioners have contended that as per order of the Division Bench supported by the Apex Court, the date of interview was fixed on May 20, 2004 and the petitioners went to the Office of the FCI. But, they came to know that the date of interview was shifted to June 24 & 25, 2004. According to the judgment and order, the interview was to be conducted by three Members, but, in fact, four Members of the Selection Committee were present at the time of interview.;