RAMESH SINGH JASROTIA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) PETITION is taken up for disposal with the consent of the parties.

(2.) PETITIONER , an employee in the Food Corporation of India was found remiss in discharging his duties. A charge sheet was served on him. The enquiry was held. The enquiry officer recorded the following conclusion: - "It is, therefore, concluded that on 12.06.81, C.O. has actually loaded rice on truck 2713 -JKP, in excess of what he had recorded on WCM 180/190/9473 dated 12.6.81 although it could not be established that, this difference was 5 Qtls. 78 Kgs, 900 Cms. Hence the charge mentioned in Annexure I of the charge sheet is partly established."

(3.) THE Enquiry report was not served on the petitioner. An office order, however, came to be passed. This is dated 26th of March 87. This order was passed by the Disciplinary Authority. The Disciplinary authority came to the conclusion that the reasoning given by the Enquiry Officer is not sound. The Disciplinary authority, therefore, chose to differ with the finding recorded by the Enquiry Officer. It, accordingly, proceeded to impose a punishment of reduction to lower stage by five stages in his time scale of pay for a period of five years. The relevant portion is as under; - "Now, therefore, the undersigned in terms of the powers conferred under Regulation 56 of the FCI, Staff Regulations 1971, hereby imposes on the said Shri RS Jasrotia, AG. III (D) penalty of reduction to lower stage by 5 stages in his time scale of pay during the period of such reduction and on the expiry of this period, the reduction will have the effect of postponing the future increments of his pay."