NIRMAL KUMAR DEY ALIAS N K DEY Vs. J M LYNGDON MANAGING DIRECTOR OF FCI
HIGH COURT OF CALCUTTA
NIRMAL KUMAR DEY
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(1.)The Court : The petitioner was appointed as Senior Assistant Manager (G) on 19.3.1973 of FCI. A xerox copy of the letter of appointment dated 9.1.1973 has been annexed with the writ petition and marked with the letter 'A'. On 6th October, 1975 the service of the petitioner was confirmed and on June 10, 1976 he was promoted to the post of Deputy Manager (G). In October, 1978, he was reverted from the post of Deputy Manager (G) to the post of Senior Assistant Manager (G). He gave a representation. But the petitioner was served with a letter of termination of his service dated 15.11.1978 by the respondent No. 1 without giving him an opportunity of being heard. Against that order, the writ petitioner filed a writ application before the High Court at Delhi. By the order dated 12.11.1982 the Hon'ble Single Judge, Delhi High Court quashed the order of termination with liberty to FCI to initiate a departmental proceeding. Thereafter a departmental proceeding was initiated against the petitioner on the following charges :
(a) that the petitioner had applied for the post of SAM (G) against reserved quota as a schedule caste candidate by enclosing an Indian postal order of Rs. 2.50 p. ;
(b) in the seniority list as well as in the promotional panel the petitioner was shown as a schedule caste incumbent although the petitioner did not belong to the schedule caste community and thereby contravened Regulations 31 and 32 read with 32A of the FCI (Staff) Regulation, 1971.
The Enquiry Officer submitted his report on 20.9.1988 completely exonerating the petitioner. The true copy of the report is annexed with the writ petition and marked with the letter 'D'. Thereafter a second enquiry was directed and the second enquiry was completed on 30th August, 1991 but still FCI authorities kept silent over the matter. Thereafter the petitioner was compelled to file another writ petition before the Calcutta High Court. In that case the Hon'ble Justice S. Chatterjee was pleased to dispose of the writ petition on 13.5.1992 directing the concerned authorities to dispose of the proceeding and to communicate the reasoned order thereof to the petitioner within two months from the date of the order.
(2.)Copy of the letter of the learned Advocate of the petitioner communicating the said order to the respondent concerned is annexed with the writ petition and marked with the letter 'J'.
(3.)On 22.6.1992 the writ petitioner received the impugned order of the Managing Director of the FCI whereby the petitioner was dismissed from service with immediate effect. Copy of the impugned order has been annexed with the writ petition and marked with the letter 'K'.
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