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N. UNNI KRISHNAN NAIR
Pradeep Kumar S/o Brijnandan Prasad – Appellant
Versus
Managing Director Food Corporation Of India – Respondent
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. 90,000/- from his salary in 10 equal instalments on conclusion of the disciplinary proceeding so instituted against him. The petitioner had also assailed an order, dated 11.07.2023, passed by the appellate authority, rejecting his appeal in the matter.
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 Assistant at Food Storage Depot, Bindukuri, under the Food Corporation of India(FCI), Divisional Office, Tezpur. As projected in the writ petition, the petitioner functioned as a Shed Assistant of Shed No. 4 w.e.f. 11.04.2017 to 12.10.2017, and had also functioned in the same capacity in Shed No. 5 w.e.f. 11.04.2017 to 31.10.2017.
On loss
Disciplinary authority must establish clear misconduct before imposing penalties; mere presumption is insufficient.
The disciplinary authority must establish a direct connection between the employee's actions and the alleged misconduct, failing which penalties cannot be imposed.
The imposition of a penalty without establishing misconduct or connection to alleged losses violates procedural regulations and lacks evidentiary support.
Procedural violations in disciplinary actions render penalties invalid; accountability for storage losses must correspond to actual responsibility and adherence to regulations.
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 actions must adhere to principles of natural justice; absence of adequate evidence and procedural compliance renders such actions void.
Retired employees cannot be penalized with recovery from retiral dues without prior disciplinary proceedings being initiated during service, upholding procedural compliance under relevant regulations....
In disciplinary proceedings, penalties must align with proven charges; failure to establish misconduct can lead to modifications of imposed penalties.
Natural justice mandates that no recovery from an employee's salary should occur without notice and a fair hearing, particularly when assessing responsibility for misappropriation or theft.
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