Pratap Kumar Ray, J. - (1.) Heard the learned Advocates for the parties.
(2.) Assailing the judgment and order dated 21st June, 2007 passed by the learned Trial Judge in W. P. No. 1312 of 2006 this appeal has been preferred by the Food Corporation of India and some of its officers. By the impugned judgment under appeal, learned trial Judge allowed the writ application and thereby quashed the impugned order of punishment imposed in a departmental proceeding concluded following the Service Regulation by which the writ petitioner is controlled and guided. Punishment imposed in a departmental proceeding was reduction by two stages in the time scale of pay for a period of three years without cumulative effect, a minor punishment in terms of the Service Regulation.
(3.) The factual matrix of the writ application in short is to this effect. The writ petitioner while working in the post of Regional Manager (W.B) of Food Corporation of India headed a Committee as Chairman to negotiate the rate of rental of godown which was taken on hire by the Food Corporation of India from M/s. Royal Enterprises. The Committee consisted of four members including the writ petitioner as Chairman thereof, unanimously took decision to enhance the rental from 60 p. to Rs. 1/- per sq. ft. effective from 1st April, 2003 for a period of three years. This decision was taken on 2nd December, 2004 but subsequently the writ petitioner made a note suggesting enhancement of the rate to the tune of Rs. 1.20 per sq. ft. which, however, was not accepted by the Senior Regional Manager. Due to that conduct of the writ petitioner, departmental proceeding was initiated for imposing minor penalty by serving the imputation of misconduct or misbehaviour. The writ petitioner submitted his objection which was considered and ultimately a punishment was imposed reducing his pay of scale for a period of three years.;