RANJIT KR DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms B. Dutta, the learned Sr. Counsel assisted by Mr. AM Dutta, the learned counsel for the appellant. We have also heard Mr. PK Roy, the learned Standing Counsel for the F.C.I.

(2.) By the impugned judgment dated 11.06.2009 passed by the learned Single Judge in WP(C) No. 6829 of 2002, without disturbing the findings of the appellate authority on the guilt of the appellant for the proved misconduct of negligence of duty of the appellant, modified the same by setting aside the penalty of recovery of Rs. 35,500/- from him while retaining the penalty of reduction in his rank from AG-II(D) to AG-III(D). We have extensively heard the learned counsel appearing for the rival parties. We have also carefully gone through the impugned judgment and order as well as the proceeding of the disciplinary authority and the appellate authority.

(3.) Dissatisfied with his representation, the disciplinary authority imposed punishment of compulsory retirement from service and for recovery of Rs. 35,500/- (Rupees thirty five thousand five hundred) only to be deducted from his terminal benefits. The appellant preferred an appeal against the decision of the appellate authority, which by the order dated 21.10.2003, quashed the punishment of compulsory retirement and instead awarded a penalty of imposing reduction in rank from the post of AG. II(D) to AG. III(D) at the minimum of time scale by setting aside the order of the compulsory retirement. It was also directed that the appellant should not be posted in any of the FCI establishment at Silchar during his remaining service period in the Corporation and he should be posted in the Regional Office, Guwahati. Aggrieved by this, the appellant filed WP(C) No. 6829 of 2002 before this Court, which by the impugned judgment held as follows: