IQBAL HUSSAIN Vs. REGIONAL MANAGER, F C I

JUDGEMENT

(1.) BY the present writ petition the petitioner have prayed for the issue of a writ, order or direction in the nature of certiorari quashing the orders dated 17.9.2003, annexure 5 & 6 to the writ petition.

(2.) BRIEFLY stated the facts giving rise to the present writ petition are that petitioner no. 1 at present is posted as Technical Assistant Grade -I and the petitioner no. 2 is at present posted as Technical Assistant Grade -II under the District Office of Food Corporation of India, Haldwani. The petitioners have stated that by the Office Memos dated 9.11.2001 it was proposed to take action against the petitioners under Rule 16 of C.C.S. (C.C.A.) Rules 1965 read with section 60 of FCI (Staff Regulation) Rule 1971. In the both Office Memos there were allegations of misconduct and misbehaviour against the petitioners. The petitioners submitted reply of the office memos on 20.12.2001. Respondent no. 1 passed orders of penalty on 17.9.2003 against the petitioners, hence the writ petition.

(3.) THE petitioners have stated that the impugned orders have been passed without affording opportunity to them for being heard. It has also been argued by the petitioners that respondent no.1 has no jurisdiction to pass such order against the petitioners. Petitioners have also challenged the charges leveled against them on the ground.