Hemant Kumar Srivastava, J.

This writ petition has been filed by the Food Corporation of India for quashing the order dated 20.07.2004 passed by learned Presiding officer, Industrial Tribunal, Patna in Reference case No. 4C/2000 by which and whereunder order of punishment in departmental proceeding against the original respondent No. 3 was set aside and concerned employee, original respondent No. 3, was exonerated from the charges and furthermore, employer, Food Corporation of India, was directed to refund entire amount which had been recovered from the pay of the original respondent No. 3 on the basis of punishment in the departmental proceeding. The original respondent No. 3, namely, Ram Brat Paswan was an assistant grade I under the Food Corporation of India and between 1984 to 1990, he was holding charge of Silobin of the Depot at Gaya. An inspection team conducted inspection of stock of Silobin and found several illegalities/irregularities. The inspecting team found that original respondent No. 3 by misusing his official position caused loss of wheat stock and also committed act of misconduct as a result thereof, he downgraded stock from B category to below D category. A