NATHURAM Vs. FOOD CORPORATION OF INDIA

JUDGEMENT

(1.) THE petitioner who was employed as Assistant Grade II in the establishment of the respondent-Corporation, has filed this petition being aggrieved by the order of his removal from service dated 25-3-1986 and the order dated 16-2-1995 dismissing his appeal.

(2.) BEFORE we advert to the facts necessary for adjudication of the present petition, it is necessary to take note of the fact that the petitioner was suspended while performing his duties as Depot Incharge, Ashoknagar Depot in Gwalior region. Subsequently, his order of suspension was revoked and he was posted at Jabalpur and thereafter at Balaghat. The impugned order of removal from service was issued while the petitioner was working at Balaghat and his appeal has been decided by the appellate authority at Bhopal, however, the petitioner had filed a writ petition which was registered as W. P. No. 521/95 before the Gwalior Bench of this Court assailing the order of his removal as well as the appellate order. This writ petition was dismissed on 30-9-96 recording a finding that the Gwalior Bench had no jurisdiction to hear the petitioner's case but while doing so the learned single Judge also recorded findings on merits and, therefore, the petitioner had filed an appeal against the order of the learned single Judge which was registered as L. P. A. No. 407/96 and was decided on 29-4-97 and while the order in respect of jurisdiction was upheld, the findings recorded by the learned single Judge on merits of the case were directed not to come in the way of the petitioner if he presents a fresh petition before the main seat of the High Court at Jabalpur which had jurisdiction to entertain the petition and it is pursuant to the aforesaid observations of the Division Bench that the petitioner has filed the present petition.

(3.) THE facts necessary for adjudication of the issues raised before this Court by the petitioner are that the petitioner, while working as Depot Incharge, at Ashoknagar, was suspended and served with a charge sheet on 12-10-84 wherein charges of misappropriation of 31. 25. 500 quintals of sugar between January, 1984 to April, 1984; misappropriation of five bags from the railway rake, received on 14-1-84 and production of false certificate in that respect; misappropriation of Rs. 20,500/withdrawn as labour advance; issuance of two false gate passes for two trucks and threatening of the Assistant Manager, K. C. Yadav, during suspension were levelled against the petitioner. After due enquiry an enquiry report was submitted by the enquiry officer who found all the charges proved against the petitioner and thereafter the disciplinary authority i. e. Senior Regional Manager passed orders of removal of the petitioner from service on 25-3-86. The petitioner filed an appeal against the order of removal before the Zonal Manager which was also dismissed by the impugned order dated 16-2-95. Being aggrieved by the aforesaid, the petitioner has filed the present petition before this Court.