TULSI NARAYAN PASWAN Vs. MANAGING DIRECTOR, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LTD. & ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the Bihar State Food and Civil Supplies Corporation Ltd (for brevity, the Corporation).

(2.) The petitioner was posted as Assistant Manager at Buxar in the Godown of the respondent-Corporation. A charge memo dated 20.03.2006 was served upon him wherein there were six charges. The crux of the allegation proposed to be enquired into was that the petitioner had misappropriated food grains valued at Rs 41,76,942.11 P from the Buxar Rice Mill Godown. In respect of such charges, the petitioner was proceeded against.

(3.) It is the specific case of the petitioner that no Presenting Officer had been appointed in the proceedings which were conducted against the petitioner. His specific case is that in fact the Enquiry Officer had assumed the role of the Presenting Officer and, as such, the petitioner has been prejudiced by the procedure adopted in the proceedings. The proceedings are, therefore, violative of principles of natural justice and fair play. During the proceedings, the petitioner was also served with a supplementary charge memo dated 04.01.2007 alleging his absence for a particular period.