- (1.) Both the cases are inter-related arising out of a same transaction. The writ Petitioners had been named as having been guilty of serious misconduct resulting in the loss of 200 bags of food grains from the Food Corporation of India. The Petitioner in CWP No. 10966 of 1989 was an Assistant Grade-I in depot of the Food Corporation of India at the relevant time and the Petitioner in CWP No. 11623 of 1989 was a subordinate under him. In a surprise inspection carried out by Shri S.S. Grewal, Assistant Manager (Vigilance), it was alleged that 200 bags of paddy PR106 variety were found missing and articles of charges had been levelled against both the Petitioners.
(2.) In the charges issued to Mr. M.S. Sapra, the Petitioner in CWP No. 10966 of 1989, the principal allegations were that (i) he had misappropriated 200 bags of paddy, (ii) he had not verified the entries made on 24.01.1984 in the stock wise and shed wise registers, and (iii) he had deliberately showed himself as absent on that day by making corrections in the official records. The charges against Shri A.K. Behal, who is the Petitioner in CWP No. 11623 of 1989, were substantially the same in relation to the loss of grains and it was stated that (i) he had misappropriated 200 bags of paddy and (ii) he had not produced inward and outward gate passes at ARDC Kilaraipur but remained absent on duty from 16.04.1986.
(3.) A domestic enquiry was constituted and on the basis of the report which was, however, not communicated to the Petitioners, the disciplinary authority passed orders of removal from service and other punishments. There had been an appeal and review against these decisions and on a direction from this Court through a writ petition filed by Mr. M.S. Sapra, the authority was directed to dispose of review application filed by Mr. Sapra. On a review so undertaken by the competent authority from the original order of removal from service, the findings had been modified exonerating him from the charges of misappropriation and for alleged alteration of official records and found him guilty only for one charge namely that he had not verified the stock wise and shed wise entries that had resulted in the loss to the Food Corporation of India. In so far as the case relating to Mr. Behal was concerned, the charges as found already as proved continued and while Mr. Behal was dismissed from service, Mr. Sapra had been served with three types of punishments: (i) reversion from the post of AG-I(D) to AG-II(D) in the minimum of times scales of 380-640, and (ii) forfeiture of seniority and fixation of the same in the lowest position in the seniority list of AG-II(D). Even apart from the above two punishments, he had also been inflicted with the treatment that from the date of dismissal till the date when he rejoined the duty, it be considered as non duty period. The findings entered by the disciplinary authority and the appellate authority are challenged in both the writ petitions.;