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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Narayan Chandra Ghosh – Appellant
Versus
Food Corporation of India – Respondent
JUDGMENT :
PARTHA SARATHI CHATTERJEE, J.
1. The present writ petition has been preferred to assail the legality, propriety, and sustainability of the charge-sheet dated 18th April, 2021; the final order of punishment dated 12th July, 2012; the order passed by the Appellate Authority on 9th May, 2017, as subsequently amended by a corrigendum dated 24th May, 2017; and the order rendered by the Reviewing Authority on 3rd January, 2020. Accordingly, the petitioner prays for the issuance of a writ of certiorari for quashing and setting aside the aforementioned impugned documents and orders, being ex facie unsustainable in law and on facts. In addition, the petitioner prays for the issuance of a writ of mandamus commanding the respondents to forthwith release all service-related dues and benefits to which the petitioner is lawfully entitled, consequent upon the annulment of the punitive actions taken against him.
2. Before delving into the controversy hovering around the writ petition, it would be appropriate to refer to the essential facts that led to the institution of the present writ petition.
3. The petitioner initially joined the Food Corporation of India (hereinafter referred to as ‘
Disciplinary actions must adhere to principles of natural justice; absence of adequate evidence and procedural compliance renders such actions void.
The main legal point established in the judgment is that the imposition of punishment must be based on specific findings and reasons, and the FCI's policy decision not to recover losses without proof....
The court upheld the impugned punishment order as sustainable in the eyes of the law.
The disciplinary authority must establish a direct connection between the employee's actions and the alleged misconduct, failing which penalties cannot be imposed.
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
The judgment emphasizes the importance of considering the defence of the delinquent employee and recording reasons in decision-making processes, highlighting the obligation to adhere to principles of....
Disciplinary authority must establish clear misconduct before imposing penalties; mere presumption is insufficient.
Procedural violations in disciplinary actions render penalties invalid; accountability for storage losses must correspond to actual responsibility and adherence to regulations.
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