PIYUSHSHARMA Vs. FOOD CORPORATION OF INDIA

JUDGEMENT

(1.) The writ petitioner Shri Piyush Sharma was appointed as the Deputy Manager, Food Corporation of India, hereinafter referred to as the Corporation and accordingly, the petitioner joined his duties on 5.6.2000. The petitioner was placed on probation for one year but before completion of the period of one year, the period of probation was extended for further period of one year in terms of the Regulation 15(2) of the Food Corporation of India (Staff) Regulation, 1971, in short, the Regulation.

(2.) On 28.7.2001, a show cause notice was issued to the petitioner under Regulation 58. The petitioner filed a written statement/defence on 22.9.2001 denying the charges. The concerned authority thereafter decided to hold the departmental enquiry and appointed an Inquiring Officer. However, before the enquiry could start, the petitioner was served with impugned order dated 21.5.2002 terminating his services with immediate effect as per Regulation 15(2) of the Regulation.

(3.) In this writ petition, the petitioner has challenged the impugned order of termination mainly on the ground that once the Authority had initiated a departmental proceeding making serious allegation against the petitioner, they are bound to complete the same and take action as per the Regulation of the departmental proceeding. It is further alleged that the impugned order of termination has put a stigma and as such it is required to be quashed.