- (1.) The issue involved in this writ petition is the validity of the order of reduction in rank pursuant to departmental proceedings in an organization for proof of alleged misconduct. The misconduct complained of was a failure to make appropriate checks for the quality of goods dispatched from one depot to another. The challenge to the proceedings by the delinquent was that the enquiry was vitiated by violation of principles of natural justice in making assessments about the improper conduct of not making proper checks regarding the quality without following the due procedure. The penalty was imposed by a person, who was not competent to issue the order. The further challenge to the validity of the order was on the basis that the appellate and the reviewing authorities had disposed of the proceedings before them without reasoned decisions. All the points, therefore, center around whether the enquiry had been properly conducted and the findings have been recorded by breach of any important ingredients of natural justice that could vitiate the entire proceedings.
(2.) The petitioner had joined the Food Corporation of India as Technical Assistant Grade-III (TAG-III) and promoted to the post of Technical Assistant Grade-II by the orders of the Zonal Manager. He was further promoted as TAG-I on 02.02.1976 and since the said date of promotion, the service conditions of the petitioner are governed by the Food Corporation of India (Staff) Regulations, 1971.
(3.) The petitioner, while he was working as TAG-I at FSD, Makhu, was issued with a charge-sheet (Annexure P1) dated 19.12.1983 by the Senior Regional Manager under Regulation 58 read with Regulation 50 of the Food Corporation of India (Staff) Regulations, 1971 for contravention of Regulations 31 and 32. The allegations were that the petitioner failed to maintain integrity and devotion to duty, had willfully accepted and dispatched substandard wheat stocks of PUNSUP, which had been previously rejected by the Assistant Manager (Quality Control), to Dhanbad resulting in a loss of Rs.38,265.74 and Rs.4,316.68 to the consignee. They were required to be upgraded and salvaged to make them fit for human consumption, but the petitioner had failed to carry out the proper upgradation.;