DEBAJIT CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Ms. B. Dutta, learned Counsel for the petitioner and Mr. T.N. Srinivasan, learned Counsel for the respondents.

(2.) THE petitioner who, at the relevant time, was an Assistant Grade -III(D) in the Regional Office of the FCI at Guwahati has assailed an order dated 01.06.2002 (Annexure -8) by which the penalty of recovery of Rs. 1.50 lacs from his monthly salary in 35 equal installments has been ordered. The aforesaid penalty has been imposed on the petitioner in exercise of powers conferred by Regulation 60 of the FCI (Staff) Regulations which empower the authority to impose a minor penalty without holding an enquiry if deemed fit and proper. It may also be put on record at this stage that under Regulation 54 of the aforesaid Regulations, recovery of amount of pecuniary loss caused to the Corporation by negligence of mis -conduct of an employee has been incorporated as a minor penalty.

(3.) THE petitioner submitted his reply on 01.10.2001 taking up several grounds in support of his defence. According to the petitioner, he was a mere Assistant in Grade -111(D) and had worked in the Shed in question from 11.06.2001 under the direct supervision of the In -charge of the Shed. Furthermore, according to the petitioner, the stocks in question were received and issued through the weigh bridge under direct supervision of the Shed in -charge as well as the Depot -in -charge. The petitioner, in his reply, had further mentioned that during the relevant period of time the stock of URS Rice was supervised and checked by the inspecting staff of the District Office and that verification was also carried out by special squads of the Zonal Office from time to time. The records of such inspection and verification were maintained and at no earlier point of time any allegation of shortage was levelled against the petitioner. In the reply submitted, the petitioner had further stated that the necessary technical equipments and medicine were not supplied by the authority to prevent deterioration and down -gradation of the stock of URS Rice. That apart, according to the petitioner, the roof of the shed was damaged resulting in leakage during the rainy season which had also added to the damage and deterioration of the stock.