- (1.) The petitioner primarily is aggrieved against the order enhancing the punishment of pay reduction imposed on him to dismissal by the appellate authority in exercise of suo motu powers. The petitioner has, accordingly, filed this writ petition not only to seek setting aside of the enhanced punishment of dismissal but has even challenged the very imposition of the penalty to him.
(2.) The petitioner is an employee of Food Corporation of India (FCI) where he joined on 25.04.1972. On 17.11.2000, the proceedings were initiated against him under Regulation 58 of the Food Corporation of India Staff Regulation, (hereinafter referred to as 'Regulation') 1971. The charges against the petitioner were that he failed to maintain absolute integrity and devotion to duty, thus, causing pecuniary loss to the FCI to the tune of nearly Rs. 33,34,530/-. The charges alleged against the petitioner are as under: Article 1 That the said Sh. Charan Singh, AG.II (D) while working at PSDD Mahalkalan during June, 1998 failed to maintain absolute integrity and devotion of duty in so much so he failed to obtain the priority of the stocks as per extent instructions and violated the FIFO instructions in connivance with Q.C. Staff for his ulterior motive as a result of which destination lodged complaint regarding receipt of extremely inferior quality stocks beyond PFA Act standard and put the FCI to a pecuniary loss of Rs. 28, 21, 339.10 ps. Article 2 That he is connivance with Shri Jagdev Singh, AG.I. (D) and QC staff tempered with/manipulated official record/documents for his ulterior motives. He is, thus, charged for committing grave misconduct of acceptance/dispatch of BRL Stock in connivance with QC officials, violation of FIFO instructions and tempering/manipulation of officials records/documents and causing pecuniary loss to the corporation, thereby contravening Regulations 31, 32 and 32(A) of FCI (Staff) Regulation, 1971.
(3.) Senior Regional Manager, FCI (respondent No. 4) on the basis of an inquiry had imposed the penalty of reduction of pay scale for period of 5 years. As a consequence thereof, the petitioner was made to draw pay at the minimum of the scale of lower post during penalty period and after expiry of five years, he was to start earning increments from the reduced stage of pay. Copy of the punishment order is annexed with the petition as Annexure P-l.;