VIR BHAN SINGH Vs. FCI AND ANOTHER

JUDGEMENT

(1.) The petitioner seeks a mandamus to direct respondent No. 2 to pay him the Subsistence Allowance under Regulation 66(6) read with Regulation 66(4) of the Food Corporation of India (Staff) Regulations, 1971 for the period w.e.f. 26.09.1996 to 31.12.2006 during which period the petitioner was statedly deemed to have remained under suspension.

(2.) The facts may be noticed briefly. The petitioner was working as Assistant Grade-II (Depot) with the Food Corporation of India and was served with a charge-sheet dated 01.03.1995 under Regulation 58 of FCI (Staff) Regulations 1971 (in short, the 1971 Regulations) for major penalty. There were 4 distinct charges levelled against the petitioner pertaining to his failure to maintain absolute integrity, lack of devotion of duty and causing resultant financial losses to the Corporation. A regular enquiry was held in which charges No. 1, 3 &4 were proved whereas Charge No. 2 was held to be not proved against the petitioner. However, the Disciplinary Authority disagreed with the Enquiry report qua Charge No. 2 and held the petitioner guilty of charge No. 2 also and vide its order dated 26.09.1996 dismissed him from service. The petitioner preferred an appeal which was also turned down by the Appellate Authority.

(3.) The petitioner thereafter filed a statutory review petition before the Managing Director of the Corporation who though held the petitioner guilty of all the charges but having felt that the penalty of dismissal was too harsh modified the same vide his order dated 24.11.1998 from dismissal to that of compulsory retirement from service.