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IN THE HIGH COURT OF DELHI
Mini Pushkarna, J.
Tej Singh - Appellant
Versus
Food Corporation of India - Respondent
W.P.(C) 12941 of 2009
Decided On : 06-12-2022
| Table of Content |
|---|
| 1. grounds of the penalty imposed on the petitioner (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. review and appellate procedures followed (Para 7 , 8 , 9 , 10) |
| 3. petitioner's defense against accusations and penalties (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court's scrutiny of evidence and findings (Para 19 , 20 , 21 , 22) |
| 5. evaluation of procedural compliance and responsibilities (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. subsequent guidelines and their implications (Para 30 , 31 , 32 , 33) |
| 7. principles of equality in disciplinary actions (Para 34 , 35 , 36 , 37) |
| 8. decision on the penalties imposed (Para 38) |
| 9. final verdict and order of the court (Para 39) |
JUDGMENT
[Physical Hearing/ Hybrid Hearing]
Mini Pushkarna, J. (ORAL):
1. The present writ petition has been filed against the order of penalty dated 18.01.2003 passed by the Senior Regional Manager, the disciplinary authority, thereby imposing penalty of censure on the petitioner and recovery of Rs.64,756/- from the petitioner. The petitioner has also sought quashing of the order dated 10.08.2004 passed by the Zonal Manager (North), the Appellate Authority, thereby rejecting the appeal of the petitioner. The petitioner has also challenged the order dated 02.03.2009 passed by the Reviewing Authority.
2. Petitioner is an employee of the respondent, Food Corporation of India. He was appointed as Assistant Grade (AG) III (Depot) with the respondent in the year 1976 and promoted to the post of AG II (Depot) in the year 1988.
3. The petitioner was posted as AG II (D) at Kasganj Depot, pursuant to order dated 07.01.1988. While the petitioner was posted at Kasganj Depot on 05.10.1994, the charge of rice stocks was handed over to the petitioner on peripheral counting of bags, on book balance without any physical weighment from S.M. Haider, AG I (D), as per the case put forward by petitioner. The petitioner at that time was still working as AG-II (D).
4. When the petitioner was still working as AG-II (D) at Food Storage Depot, Kasganj, a memorandum dated 09.01.2002 along with statement of imputation of misconduct and misbehaviour was issued by respondent No. 3, Senior Regional Manager against the petitioner. As per the memorandum dated 09.01.2002, the allegation against the petitioner was that the petitioner failed to maintain absolute integrity and devotion to duty while posted and functioning at Kasganj Depot during the period 1997-98 and 1998-99. The statement of imputation of misconduct against the petitioner as given along with memorandum dated 09.01.2002 is reproduced as below:
"FOOD CORPORATION OF INDIA
REGIONAL OFFICE
1/150, VIVEK KHAND, GOMTI NAGAR LUCKNOW
No. Vig.4(1326)/RO.LKO/ALG/STL/2001/2184
Dt: 9.1.02
MEMORANDUM
________________
Shri. Tej Singh AG.II(D)(PP) is hereby informed that it is proposed to take action against him under Rule 16 of CCS(CCA) Rules, 1965/ Regulation 60 of Food Corporation of India (Staff) Regulation, 1971. A statement of the imputation of misconduct or misbehaviour on which action is proposed to be taken as mentioned above is enclosed.
Shri. Tej Singh AG.II(D) (PP) is hereby given an opportunity to make such representation as he may wish to make against the proposal. If he wishes to inspect records he may do so within 03 days of receipt of this memorandum and omit his reply within 07 days after that. If Shri. Tej Singh AG.II (D) (PP) fails to submit his representation within 10 days of the receipt of this memorandum, it will be presumed that he has no representation to make and orders will be liable to be passed against Shri. Tej Singh AG.II (D) (PP) ex parte.
Senior Regional Manager
Disciplinary Authority
To
Shri Tej Singh, AG.II (D) (through DM FCI, Aligarh)
Copy to: - X X X
Senior Regional Manager
STATEMENT OF IMPUTATION OF MISCONDUCT OR MISBEHAVIOUR ON THE BASIS OF WHICH ACTION IS PROPOSED TO BE TAKEN AGAINST Shri.Tej Singh AG.II(D)/PP
Shri Tej Singh AG.II/PP while posted and functioning as such at FSD Kashganj during the perio
AI
Procedural violations in disciplinary actions render penalties invalid; accountability for storage losses must correspond to actual responsibility and adherence to regulations.
Disciplinary authority must establish clear misconduct before imposing penalties; mere presumption is insufficient.
The imposition of a penalty without establishing misconduct or connection to alleged losses violates procedural regulations and lacks evidentiary support.
The disciplinary authority must establish a direct connection between the employee's actions and the alleged misconduct, failing which penalties cannot be imposed.
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....
Disciplinary findings lacking substantial evidence warrant quashing of related proceedings under constitutional review principles.
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