RAM NARESH Vs. FCI AND ORS.

JUDGEMENT

(1.) FOR the sake of convenience, the legal heirs of the petitioners are referred to as the petitioners for the purpose of this judgment. Petitioner, by this writ petition impugns the orders passed by the departmental authorities; of the disciplinary authority dated 12.8.1998 and the appellate authority dated 19.12.1998; whereby the petitioner has been imposed the penalty of dismissal from services. Petitioner was employed as an Assistant Manager (Quality Control) with Food Corporation of India (FCI) -respondent no. 1. Petitioner was issued the charge -sheet dated 16.7.1996 making allegations against him of receiving sub -standard rice, and not giving the necessary quality control certificates, and dispatching the sub -standard rice to two destinations at Sagar and Avadi. Petitioner is charged with connivance with the other officials and causing loss of crores of rupees to the respondent no. 1. The statement of article of charges against the petitioner reads as under: -

(2.) COMMON proceedings were conducted against the petitioner and several other employees/officers of respondent no. 1. All the charge -sheeted officials including the petitioner appeared in the departmental proceedings. Departmental proceedings were contested and evidence was led by both the parties. The enquiry officer thereafter gave a detailed report running into as many as 79 pages holding that the charges against the officials including the petitioner stand proved. There were a total of six officials against whom enquiry proceedings were conducted and all of them have been held guilty as per the report of the enquiry officer dated 9.3.1997.

(3.) THE following arguments have been urged on behalf of the petitioners for impugning the orders passed by the departmental authorities: -