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2019 Supreme(Pat) 1795

MADHURESH PRASAD
Ozair Alam and Ors Son of Late Habibur Rahman – Appellant
Versus
Food Corporation Of India through the Chairman cum Managing Director and Ors through the Chairman Cum Managing Director – Respondent


Advocates Appeared:
For the Petitioners: Mr.Mukesh Kumar
For the Respondents: Mr.Prabhakar Tekriwal

JUDGMENT :

Heard learned Counsel for the petitioners as well as learned Counsel appearing for the respondent Corporation.

2. In respect of some irregularities at the godowns of the respondent Food Corporation of India, the petitioners were proceeded against. The charges were in respect of ill maintenance of the godown of the Corporation. Non maintenance of stock register and non maintenance of documents showing receipt of food grains at the godown was also alleged.

3. Petitioners 1 and 2 were exonerated in the proceedings conducted against them. Petitioner No. 3 was awarded a minor punishment of censure by order dated 07.03.2014 of the Disciplinary Authority. Petitioners 1 and 2 are Assistant Grade II category (hereinafter referred to as Cat II) whereas petitioner No. 3 was in Cat III of the respondent Corporation. The writ petition has been filed since the order passed in the departmental proceeding on 7.3.2014 by the General Manager (Region) of the FCI has been reviewed by a decision dated 4.1.2019 passed by the Executive Director (East) FCI (respondent No. 3). Power of review has been exercised under Regulation 74 of the Food Corporation of India (Staff) Regulation 1971. It is this

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