Sanjib Banerjee, J. - (1.) The petitioner, now a retired employee of the Food Corporation of India, assails a minor penalty imposed on him without availing of the appellate remedy on the ground that the disciplinary proceedings were without jurisdiction and, in any event, the order of punishment is bereft of reasons. A glance at the order impugned dated November 05, 2014 would render it susceptible to summary annulment, but the other ground canvassed by the petitioner has also to be taken note of.
(2.) Penalties can be imposed for misconduct under the Food Corporation of India (Staff) Regulations, 1971. Regulation 54 provides for two classes of punishment: major and minor penalties. Regulation 58 prescribes the procedure to be adopted in respect of misconduct for which a major penalty is proposed to be imposed. Regulation 59 deals with the steps to be taken by the disciplinary authority, including if the disciplinary authority is the inquiry officer. Regulation 60 provides for the procedure to be adopted in respect of minor penalties. Regulation 60 -A recognises that departmental proceedings instituted against a retired employee prior to his retirement would continue unaffected by his retirement. Clause (ii) of such provision mandates that the disciplinary proceedings "should" be completed within a year of the employee's retirement, "subject to Court Orders, if any."
(3.) The petitioner was due to retire on November 30, 2013 and claims that only four days prior thereto the petitioner received a charge -sheet of November 23, 2013 alleging that the petitioner had caused loss to the Food Corporation of India in not taking appropriate steps to guard stocks of food grains at Krishnagar. The petitioner was afforded an opportunity of furnishing a reply. Following the petitioner's response, the disciplinary authority took up the matter and by an unreasoned order of November 05, 2014, found the petitioner guilty of misconduct and imposed a penalty of Rs. 15 lakh which the disciplinary authority regarded as a "token recovery".;