- (1.) By Court The sole petitioner has approached this Court, challenging the order dated 27.09.2001 imposing penalty of reduction to the lower post of Assistant Grade-I (Min) with immediate effect, fixing his pay applicable to the post of Assistant Grade-I (Min) and whereby his seniority was ordered to be refixed at the bottom of the seniority list of Assistant Grade-I (Min). Subsequently, pursuant to a permission by this Court, petitioner has filed his appeal, which was decided on 01.08.2002. By filing I.A. No. 65 of 2003, the petitioner has challenged the order dated 01.08.2002 passed by the appellate authority also.
(2.) The petitioner, who was appointed on 16.09.1970 as Assistant Grade-III (Min) in the Food Corporation of India, was issued a show-cause notice on 25.07.2001 for initiating a departmental proceeding against him. By order dated 14.08.2001, an Enquiry Officer was appointed and the departmental proceeding was initiated, wherein the petitioner appeared and filed his reply. Witnesses were examined on behalf of the department and cross-examined by the petitioner and then a report dated 10.09.2001 was submitted. On consideration of the materials on record, the order of penalty dated 27.09.2001 was passed. In the aforesaid circumstance, the petitioner has approached this Court seeking quashing of orders dated 27.09.2001 and 01.08.2002.
(3.) The respondents appeared and filed counter-affidavit supporting their action on the ground that during the enquiry, the petitioner was given full opportunity to defend himself and on consideration of materials on record and enquiry report, impugned orders have been passed.;