IMPORTANT POINT
The imposition of a penalty without establishing misconduct or connection to alleged losses violates procedural regulations and lacks evidentiary support.

JUDGMENT :

Heard Mr. G. K. Gupta, learned counsel, appearing on behalf of the petitioner. Also heard Mr. B. K. Singh, learned standing counsel, Food Corporation of India(FCI), appearing on behalf of all the respondents.

2. The petitioner, herein, by way of instituting the present writ petition, has presented a challenge to an order, dated 28.02.2020, issued by the disciplinary authority imposing upon the petitioner a penalty of recovery of Rs. 1,05,000/- from his salary in 10 equal instalments. The petitioner has also assailed an order, dated 17.01.2022, passed by the appellate authority upholding the order, dated 28.02.2020.

3. The brief facts requisite for adjudication of the issues arising in the present proceeding, is noticed as under:

The petitioner, herein, was posted as the Shed in-charge of Shed No. 1 & 3 of Food Storage Depot, Bindukuri, under the Food Corporation of India(FCI), Divisional Office, Tezpur. For the losses so detected in the said Sheds which were under the charge of the petitioner; a departmental proceeding came to be instituted against the petitioner under the provisions of Regulation 58 of the Food Corporation of India(Staff) Regulation, 1971, vide issuance of memorandum of charge, dated 22.07.2019. The allegations so levelled against the petitioner was that the storage loss, so detected, was unjustified. The total storage loss so estimated with regard to the Sheds under the charge of the petitioner, herein, was to the tune of Rs. 11,65,367.53. The petitioner on receipt of the said memorandum of charge, dated 22.07.2019, proceeded to submit his written statement thereto, on 06.08.2019. In the said written statement, the petitioner while denying the allegations so levelled against him of he being responsible for the losses so occasioning; proceeded to submit justifications as to why the said departmental proceeding so instituted against him, is not maintainable.

It was also projected by the petitioner, herein, that the losses so estimated was on account of operational loss and not on account of any theft and pilferage in-as-much as no material in the said connection, was brought on record.

The disciplinary authority on receipt of the said written statement from the petitioner and on consideration of the same, was pleased vide communication, dated 06.12.2019, to drop the proceeding so instituted against the petitioner under Regulation 58 of the Food Corporation of India(Staff) Regulation, 1971. Vide the said communication, dated 06.12.2019; it was further directed that the proceeding would now be instituted against the petitioner under the provisions of Regulation 60 of the Food Corporation of India(Staff) Regulation, 1971.

It is to be noted here that the proceeding contemplated under Regulation 58 of the Food Corporation of India(Staff) Regulation, 1971, is for imposition of a major penalty and that so contemplated under Regulation 60 of the Regulation of 1971, is for imposition of a minor penalty.

In terms of the said communication, dated 06.12.2019, a fresh Memorandum, dated 06.12.2019, came to be issued to the petitioner, herein, initiating proceeding against him under Regulation 60 of the Food Corporation of India (Staff) Regulation, 1971.

The allegations so levelled against the petitioner was to the effect that while working as in-charge of Sheds No. 1 & 3 of the Food Storage Depot, Bindukuri, under the Food Corporation of India(FCI), Divisional Office, Tezpur, during the period w.e.f. 12.07.2017 till 14.09.2017[Shed No. 1], and w.e.f. 01.07.2017 till 22.09.2017[Shed No. 3]; financial loss occasioned to the Food Corporation of India(FCI) authorities to the tune of Rs. 11,65,367.53 in-as-much as the petitioner, herein, had failed to maintain absolute integrity and devotion towards his duty to serve the Corporation honestly and faithfully. It is further alleged that the loss so occasioning was unjustified.

The petitioner, herein, on receipt of the said memorandum of charge, dated 06.12.2019, vide his written s