- (1.) Both these appeals will be decided through this common judgment as they have arisen out of civil suit No. 77-1 of 7.1.1994 for declaration filed by Darshan Singh Sidhu against FCI in the Court of Civil Judge (Senior Division), Ferozepur.
(2.) Darshan Singh Sidhu was Assistant Grade-II in the Food Corporation of India (FCI). Vide order No. Vig-21/(FZR-1004)/92/3913 dated 30.11.1993 passed by Regional Manager FCI Ferozepur and endorsement No. A/2 (1006) Vig/91/209 dated 1.12.1993 made by District Manager, FCI, he was punished with the penalty of the recovery of one year basic pay in 36 instalments on account of the loss sustained by the FCI and further with the punishment of the stoppage of three increments without cumulative effect with effect from 1.1.1994. By means of suit for declaration, he challenged the said order. It was alleged in the plaint that the said order is illegal, null and void, inoperative, against the provisions of Staff Regulations, 1971 of the FCI and against the principles of natural justice and equity. By way of consequential relief, he prayed for the grant of decree for permanent injunction restraining FCI from effecting any recovery from his pay or from withholding any increment. It was alleged in the plaint that he was wrongly charge sheeted vide charge-sheet dated 25.8.1993 by the Regional Manager, FCI. Defendants failed to provide list of the witnesses and the documents alongwith the charge-sheet. Charge-sheet was thus illegal and bad in law. He filed reply to the charge-sheet on 17.9.1993 whereby he denied the allegations set out in the charge-sheet. He pleaded that he had taken charge of the stock of 1045 bags of damaged wheat only of M/s. Shah Rice Mills open cap from Ashok Malhotra, AG-II(D) on 31.8.1985 on the basis of monthly stock account for the month ending 31.8.1985. He never took charge of 476 bags of damaged wheat any time. Only 1045 bags of damaged wheat had been handed over to him by Ashok Malhotra AG-II(D). He was not at all responsible for the loss of 476 bags of damaged wheat which had never been handed over to him. It was alleged in the plaint that he was not allowed the assistance of a co-worker. No enquiry was conducted so that the allegations set out in the charge-sheet could be said to have been proved. He was also not allowed any opportunity to prove his innocence. He was not supplied with the copies of the documents and statements of witnesses. He was not supplied with the copy of the report of the enquiry committee, appointed by the District Manager, FCI, on the basis of which charge-sheet was framed against him. He was condemned unheard. It was a major penalty imposed upon him which could be imposed only after enquiry. Reply to the charge-sheet, report of the enquiry committee and other documents were not taken into account. Ashok Kumar was responsible for damage to wheat of 476 bags.
(3.) Defendant-FCI contested the suit. It was urged that the suit was not maintainable as he had field to pursue departmental remedies available under the FCI Staff Regulations, 1971. He could file an appeal or review application under the FCI Staff Regulations, 1971. He was rightly charge- sheeted. Memorandum of charge-sheet alongwith statement of articles of charges were served upon him. He was allowed to inspect the relevant documents before the submission of reply by him. He submitted reply after inspecting the documents. Plaintiff took over charge of the stock of 1045 bags of damaged wheat lying at open plinth of M/s. Shah Rice Mills at Talwandi Bhai from Ashok Malhotra AG-II. The stock of 476 bags of damaged wheat was mentioned in the stock register at page 74 of the year, 1980-81. This fact also finds, mentioned in the stock register at page 80 of the Master Ledger. There was balance of stock of 476 bags of wheat. According to the plaintiff, he took charge of 1045 bags of damaged wheat which was lying dumped and that the remaining 476 bags of wheat were not carried over in the subsequent years. This fact was also within the knowledge of the plaintiff and he concealed the said fact from the department. He has thus failed to maintain absolute integrity and devotion to duty. 476 bags of damaged wheat were not taken over in the master ledger for the year 1983-84. Plaintiff in connivance with Ashok Malhotra mis-appropriated and caused a monetary loss of Rs. 7,28,000/- to the FCI. It was urged that the impugned order was rightly passed punishing the plaintiff.;