F C I Vs. SONE LAL

JUDGEMENT

(1.) Leave granted.

(2.) Civil Appeal No.6808/2005 @ S.L.P. (Civil) No.10452/2004 is directed against the judgment in L.P.A. No.938/2002 dated 19-12-2003 passed by the Division Bench of the Punjab and Haryana High Court confirming the judgment passed by learned single Judge of the said Court in writ petition No.2603 of 1988 and Civil Appeal No.6809/2005@ S.L.P. (Civil) No.18505/2004 is directed against the final judgment dated 06-05-2004 passed by the High Court of Punjab and Haryana in Civil writ petition No.18432 of 2002 whereby the Division Bench disposed of the writ petition in terms of writ petition No.2603 of 1998 as confirmed by the Division Bench judgment dated 19-12-2003 in L.P.A. No.938 of 2002.

(3.) Certain disciplinary proceedings were initiated against Sone Lal, the respondent in S.L.P. (Civil) No.10452/2004 and punishment of compulsory retirement was imposed by the Sr. Regional Manager. The respondent - Sone Lal had challenged the order of compulsory retirement passed by the Sr. Regional Manager of the Food Corporation of India whereby the penalty of compulsory retirement from service had been imposed under Regulation 56 of the Food Corporation of India (Staff) Regulations, 1971 (hereinafter referred to as "the Regulations"), while the respondent was working as Technical Assistant Grade-1. The respondent challenged the said order on the ground that the order of compulsory retirement had been passed by an authority lower in rank than the appointing authority i.e. by the Senior Regional Manager whereas the order could only be passed by the Zonal Manager as he claimed that he had been promoted as Technical Assistant Grade-1 by the Zonal Manager.