NEMI CHAND MITTAL Vs. ZONAL MANAGER N FCI

JUDGEMENT

(1.) The petitioner employed with the respondent Food Corporation of India (FCI) preferred this writ petition impugning the order dated 1st August, 1995 of the Disciplinary Authority of the respondent FCI by which three increments without cumulative effect of the petitioner were stopped and also for quashing the "penalty" order dated 9th October, 1995 passed by the Zonal Manager (North) of the respondent FCI by which the petitioner was reverted from the post of Assistant Manager (Technical) to the post of Technical Assistant-I. The petitioner has also sought a mandamus directing the respondent FCI to treat the petitioner as Assistant Manager and to allow him to work on the said post.

(2.) The counsel for the petitioner has at the outset stated that during the pendency of the present writ petition, in the departmental appeal preferred by the petitioner, the order dated 1st August, 1995 stopping the three increments of the petitioner has been set aside and thus the writ petition to that extent is infructuous and survives only qua the "penalty" order dated 9th October, 1995 reverting the petitioner from the post of Assistant Manager (Technical) to the post of Technical Assistant-I. It is also informed that the petitioner has since retired on attaining superannuation and the present petition if succeeds would entitle the petitioner only to receive the additional monetary benefits from the respondent FCI.

(3.) A perusal of the "penalty" order dated 9th October, 1995 shows that the petitioner had joined as Assistant Manager on 17th October, 1994 on promotion and was placed on probation for a period of one year. Vide the said order dated 9th October, 1995, the probation of the petitioner was terminated and he was reverted to the post of Technical Assistant-I with immediate effect. It thus appears that the order of reversion is not by way of "penalty" or by any Disciplinary Authority but on cessation of probation of the petitioner to the promotion post.