- (1.) By this writ petition, the petitioner seeks to quash Anxs. 1 & 2 dt. 3/24.1.84 and also prays that if any order imposing punishment is made the same may also be quashed. In alternative it has been prayed that the orders dt. 4.4.1988, 5.4.88 and 6.4.88 may all be quashed and the respondents may be directed to take the proceedings and on from the date as they were before 4.4.1988.
(2.) The facts necessary to be noticed for the disposal of this writ petition briefly stated are that the petitioner is employed as Assistant Manager (QC) in the respondent Food Corporation of India, a Government of India undertaking. It is alleged that vide a memorandum dt. 3/24.1.1984 the petitioner was informed that an enquiry is proposed to be held against him on the charges set out in the Annex. 1 of the memorandum and explained in Annex.2 thereof and some documents. It is also alleged that vide order dt. 11.4.1984 one Mr. B.C. Bhasin, Joint Manager (INQ) was appointed as Inquiry Officer and by the order dated 27.4.1984 one Mr:K.C. Chawla, AM(G) was appointed as Presenting Officer. The order of appointing Presenting officer was modified vide order dated 20.7.1984 appointing another person as Presenting Officer which was communicated to the petitioner on 18.9.1984. The petitioner was informed by memorandum dt. 1.9.1984 that a departmental inquiry will be held on 29.9.1984 and on that date the petitioner's plea was recorded and some documents were put to him which were inspected and he was told that he may name his defence witnesses by 10.10.1984. By the order dated 8.9.1986 one Mrs. S. Choudhary, was appointed as Inquiry Officer. It is also alleged that the inquiry went in slumber till order dated 31.1.1987 was passed appointing one Mr. K.S. Sethi as the Inquiry officer and by another letter dated 31.1.1987 received by the petitioner on 23.2.1987 one Mr. J.C. Sharma, was appointed as the Presiding (Presenting Ed.) Officer. The Inquiry Officer was again changed vide order dated 24.4.1987 appointing one Shri G.S. Sewak as Inquiry Officer in place of Mr. K.S. Sethi. By the order dated 2.11.1987 one Mrs. Kiran Anand Lal was appointed as inquiry Officer and one Mr. M.S. Aggarwal was appointed as the Presenting Officer. The petitioner has alleged that he sent a letter to the Inquiry Officer stating that he had submitted a list of documents to Mr. B.C. Bhasi, the then Inquiry Officer which he wanted to tender in the inquiry but despite lapse of such a long time nothing has been heard. This letter/representation (Annex. 3) dt. 4.8.88 was forwarded by the District Manager, District Office, Jodhpur vide letter dated 18.8.1988 (Annex.4). It is also alleged that 12 documents were served upon him on 12.9.1988 including two notices of appearance dt. 11.3.1988 and 14.3.1988 (Annex. 6 & 7) and the copies of order-sheets dt. 8.3.88, 9.3.88, 4.4.88, 5.4.88 and 6.5.88 (Annex. 8, 9, 10, 11 and 12 respectively) disclosing that the petitioner absented from hearing despite service of notice of hearing. It is further alleged that he moved an application to the District Manager, Jodhpur on 4.11.1988 inquiring of him as to when the notices for appearance dated 11.3.88 and 14.3.88 were received in his office, a copy of which was endorsed to the Inquiry Officer vide Annex. 13. The Assistant Manager (T), for District Manager in response to his application informed the petitioner that the notices for appearance dated 11.3.88 and 14.3.88 were received in the office of District Manager on 12.9.1988 and were received from the Regional Office, Jaipur vide letter dated 9.9.88 which were received vide letter dated 21.12.88 (Annex. 14). The petitioner has alleged that he made a representation dated 14.2.1979 Annex. 15 to the Enquiry Officer praying that ex-parte proceedings has been taken without following the principles of natural justice and that he may be given an opportunity of hearing. The representation Annex. 15 was forwarded by the District Manager vide his letter dated 22.2.1989 (Annex.16). The petitioner has further alleged that a memorandum dated 31.5.1984/2.7.1984 was served upon him to the effect that action is proposed to be taken against him under regulation 60 of the F.C.I. (Staff) Regulations and statement of imputation of mis-conduct or mis-behaviour. Vide said memorandum Annx. 17 and Annex. 17-A, the petitioner was further charged of remaining absent from 17.2.1983 to 10.3.1983, for which the petitioner was charged by memorandum Annex.1. The non-petitioner after holding enquiry imposed punishment of Censure upon the petitioner vide order dated 12.6.1986. Being aggrieved the petitioner has filed this writ petition.
(3.) The writ petition has been filed on 4.7.1989. Notice to show cause was issued on 5.7.1989. In pursuance of the notice, non-petitioners appeared and filed reply on 10.10.90. Rejoinder has been filed on 1.9.1991. Non- petitioners also filed counter to the rejoinder on 17.1.1992. As agreed by the learned counsel for the parties, the matter was finally heard at the admission stage.;