ASHOK KUMAR GAUR, J. - (1.) The petitioner who was working as Technical Assistant Grade-I in Food Corporation of India has, filed the instant writ petition challenging the punishment order dt. 07.08.2002 passed by the Disciplinary Authority, order dt.1/3.04.2003 passed by the Appellate Authority and order dt.10.02.2004 passed by the Reviewing Authority.
(2.) The brief facts of the case are that the petitioner was served with a charge-sheet for major penalty vide memorandum dt.23/27.06.2001. It was alleged that while the petitioner was working as T.A. Grade-I, during 1998 at Jind (Haryana) he failed to maintain absolute integrity and devotion to duty, in so much so that he accepted Below Relaxed Level (BRL)/sub standard, Rice which was detected BRL, on analysis under the supervision of Shri Lakhan Pal, DM (QC). It was further alleged that in some cases stocks were found beyond PFA limit, rendering the stock unfit for human consumption by the committee and caused huge pecuniary losses to the organization. The statement of article of charges levelled against the petitioner is reproduced hereunder:- "That Shri Surinder Singh, TA-I, while posted and functioning as TA-I, during 1998 failed to maintain absolute integrity and devotion to duty in so much so that he accepted BRL/sub standard Rice which was detected BRL on analysis under the supervision of Shri Lakhan Pal, DM (QC). In some cases the stocks were found beyond PFA limit rendering the stock unfit for human consumption by committee causing huge pecuniary losses to the organization. Thus Shri Surinder Singh, is charged for a gross lack of devotion to duties, accepting BRL Rice beyond PFA limit rendering unfit for human consumption in tacit connivance with the official, colleague and the millers with ulterior motive and malafide intention. By committing these acts of misconduct Shri Surinder Singh, TA-I, has violated Regulation, 31, 32 and 32(A) of FCI (Staff), Regulation, 1971."
(3.) The Disciplinary Authority issued addendum dt.24.12.2001 where certain information/correspondence was added in Annex.- II to IV in memo dt.27.06.2001. The petitioner after receipt of charge-sheet, had filed his reply. The Disciplinary Authority appointed one Shri R.P. Sood as Enquiry Officer. The Enquiry Officer came to conclusion that there was overwhelming evidence against the petitioner, and as such charges framed against the petitioner were fully established, beyond any shadow of doubt. The conclusion drawn by the Enquiry Officer is reproduced hereunder:- "Conclusion 1. In the light of overwhelming evidence, as has been brought out and analysed above, charges framed against the CO are fully established beyond any shadow of doubt. 2. Shri Khushwant Singh, AM (QC) was supervisory officer incharge of ARDC godown Jind at the time of acceptance of rice stocks under reference. He had associated in joint sampling/analysis and had authenticated the genuineness of analysis results. He can escape his part of culpability in he above case and thus also needs to be proceeded against departmentally.";