- (1.) By this order I propose to decide CWP No. 7585 of 1989 (Ram Singh v. Food Corporation of India and others), CWP No. 11633 of 1989 (Gurmeet Singh and others v. Food Corporation of India and others), CWP No. 14325 of 1989 (Murari Lal v. Food Corporation of India and others), CWP No. 14326 of 1989 (Murari Lal v. Food Corporation of India and others) and CWP No. 14327 of 1989 (Sadhu Singh v. Food Corporation of India etc.) as common question of fact and law is involved. The facts are being taken from CWP No. 7585 of 1989 (Ram Singh v. Food Corporation of India and others).
(2.) The petitioner joined service in the Food Corporation of India (hereinafter referred to as 'FCI') as Assistant Grade-III (Depot) on 26.12.1969 by Senior Regional Manager, Punjab, Food Corporation of India-respondent No. 3. Thereafter, he was promoted to the post of Assistant Grade-II (Depot) by the Zonal Manager (North) FCI, New Delhi-respondent No. 2 on which post he joined in May, 1971. Thereafter, the petitioner was further promoted as Assistant Grade-I (Depot) again by Zonal Manager (North)-respondent No. 2 in September, 1977. The petitioner continued to work on the said post. It would not be out of way to mention here that the petitioners in the other writ petitions had initially joined as Assistant Grade-III (Depot) on different dates of appointment by Senior Regional Manager, Punjab-respondent No. 3 and were promoted as Assistant Grade-II (Depot) by orders issued by the Zonal Manager (North) FCI-respondent No. 2. All these petitioners continued as such.
(3.) The FCI maintains its godowns in various parts of the country and in State of Punjab also, where the food grains are stored and stocked. The stock from the FCI godowns are dispatched to the FCI centers from where the demand of foodgrains is received. In the month of March, 1984 one wheat special train was required to be dispatched from Sirhind in District Patiala for Sabzi Mandi, Delhi. The entire special trains were loaded on 17/18.3.1984 after completing all the formalities. As a matter of chance, during these days, five trucks of wheat were apprehended by police anticipating these to have been embezzled by the PUNSUP staff of Sirhind, who also work under the FCI and the wheat was being moved out from the PUNSUP store at Sirhind. FIR No. 72 dated 18.03.1984 was registered at Police Station, Sirhind. After investigation, the police found that the said wheat stock belongs to a trader of Sirhind and as such a cancellation report was submitted before the Court. Vide order dated 18.09.1986, the, said cancellation report was accepted by the Judicial Magistrate (Ist Class), Fatehgarh Sahib.;