- (1.) The grievance of the petitioner is that the action of the respondents in imposing two penalties of reduction in rank and that of recovery leads to award of major and minor penalties, which is not legally permissible. He has accordingly filed this writ petition to impugn the said order.
(2.) The petitioner has joined the service of the Corporation on 1.1.1972 as A.G.III (D). He was promoted as A.G.I (D) in 1991. Some paddy stock was stored at Goniana Centre in open field. When the petitioner was posted as A.G-II (D), who was overall Incharge of Goniana Centre, this paddy was stocked at Goniana. During 1998-99, this stock was issued for milling to various millers. Based on the loss in weight of paddy, memoranda under Regulation 58 of FCI (Staff) Regulations, 1971 (for short, "the Regulations") for imposing major penalty was served on the petitioner on 7.9.2002. After holding enquiry, the petitioner was imposed the penalty of reversion from the post of A.G.I (D) to A.G.II (D) for two years coupled with recovery of Rs. 50,000/-.
(3.) As per the petitioner, the penalty of reversion has been classified as major penalty whereas the penalty of recovery is classified as minor penalty under Regulation 54 of the Regulations. It is submitted that imposing of major and minor penalty together is impermissible. The petitioner had preferred an appeal against this order. In the meantime, the petitioner was compulsorily retired on 7.4.2005. Subsequently, however, his appeal was rejected on 18/19.5.2006. The petitioner has preferred a review petition against the same and has now filed the present writ petition.;