SURENDRA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents, through video conferencing.

(2.) The petitioner has filed the instant application for quashing the order dated 16.3.2018 passed by the Deputy Chief Labour Commissioner (Central) Asansol, West Bengal in Appeal No. 23/17-E, whereby and whereunder, the claim of the petitioner for gratuity was rejected, for commanding the respondents to allow the gratuity amount for which the petitioner is entitled and for all other reliefs to which the petitioner is found entitled in the instant case.

(3.) The case of the petitioner is that he joined Food Corporation of India (herein after referred to as 'the FCI') as A.G.- III (D) on 31.1.1978, was subsequently promoted to the rank to A.G.-II (D) and in the year 2001 to A.G.-I (D). He superannuated on 30.11.2013. In the year 2012 while posted and functioning as the Depot Incharge/ overall incharge of two sheds at F.S.D., Chanpatia, a physical verification was conducted by a team of officials of the District Office, F.C.I., Champaran (Motihari), Regional Office, Patna and Zonal Office, Kolkata. In the said physical verification a shortage of food grains was detected. An audit of accounts of the depot was conducted by a team of F.C.I, Zonal Office, Kolkata and F.C.I. Headquarters, New Delhi. After the physical verification and audit of accounts, the petitioner and other officials were placed under suspension on 1.6.2012 and the petitioner's suspension was revoked on 17.10.2012. On his suspension being revoked, the petitioner was posted at F.C.I., district office, Suri (West Bengal) and thereafter in depot Abdarpur in West Bengal. A charge-sheet dated 19.1.2013 was issued and departmental proceeding started. The petitioner superannuated from service on 30.11.2013. On receiving the enquiry report, by order dated 31.8.2015, the disciplinary authority imposed penalty on the petitioner of reduction of rank to A.G.-III (D) along with recovery of Rs. 1,00,000/- (Rupees One lakh only) from the retiral dues of the petitioner, other than gratuity.