P.B.BAJANTHRI,J. - (1.) In the instant petition, the petitioner has questioned order of suspension dated 22.9.2009 (Annexure P-2), Charge Memo (Annexure P-3), Enquiry Report dated 21.2.2011 (Annexure P-6), Punishment order dated 30.3.2011 (Annexure P-8) and the Appellate Order dated 17.5.2013 (Annexure P-13).
(2.) The petitioner while working as Area Manager, Food Corporation of India (for short 'the FCI'), Rohtak, was asked to hold additional charge of District Karnal for the period from 3.1.2009 to 5.1.2009 and 10.1.2009 to 5.5.2009. He was placed under suspension on 22.9.2009 on the allegations that Rice Raw Grade-A out of stock found at FSD Karnal, received from various depots of Karnal District, were found to be beyond laid down specifications as per the report submitted by Vigilance of FCI. On the very same allegations, the petitioner was subjected to disciplinary proceedings. Charge memo was issued (Annexure P-3). During pendency of the enquiry, the petitioner is stated to have attained age of superannuation and retired from service on 30.4.2010.
(3.) The respondents proceeded with the enquiry and concluded on 30.3.2011 by imposing penalty of compulsory retirement and forfeiture of gratuity to the extent of 25% to recovery part of losses suffered by the respondent-corporation under Regulations 60-A and 56 of Food Corporation of India (Staff) Regulations, 1971 (hereinafter referred as 'Regulations 1971'). The suspension period from 22.9.2009 to 30.4.2010 has been treated as "period not spent on duty" for all purposes under Regulation 66 of Regulations 1971, vide Annexure P-8.;