Back
N. UNNI KRISHNAN NAIR
Ankit Kumar S/o Sri Gopal Sharan – Appellant
Versus
Managing Director FCI – 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. 1,80,000/- from his salary in 12 equal installments. The petitioner has also assailed an order, dated 11.07.2023, 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. 4 of Food Storage Depot, Bindukuri, under the Food Corporation of India(FCI), Divisional Office, Tezpur, w.e.f. May, 2016. The petitioner was also w.e.f. 11.04.2017, required to take charge of Shed No. 5.
A disciplinary proceeding came to be instituted against the petitioner, herein, and 3(three) others, under Regulation 58 of the FCI (Staff) Regulation, 1971, basing on an allegatio
The disciplinary authority must establish a direct connection between the employee's actions and the alleged misconduct, failing which penalties cannot be imposed.
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.
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....
Retired employees cannot be penalized with recovery from retiral dues without prior disciplinary proceedings being initiated during service, upholding procedural compliance under relevant regulations....
Disciplinary actions must adhere to principles of natural justice; absence of adequate evidence and procedural compliance renders such actions void.
In disciplinary proceedings, penalties must align with proven charges; failure to establish misconduct can lead to modifications of imposed penalties.
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
