The charge-sheet cannot be quashed at an initial stage unless it adversely affects the rights of the delinquent employee. The gravity of alleged misconduct is a relevant factor to be considered.

JUDGMENT

Subodh Abhyankar, J. - This order shall also govern the disposal of this batch of petitions as in all the petitions the petitioners have challenged the validity of the charge-sheet dated 03.06.2019 passed by the respondent No.2- General Manager of Food Corporation of India, FCI Regional Office, Chetak Building, Zone-II, MP Nagar Bhopal.

2. For the sake of convenience, the facts as narrated in W.P. No.11983/2019 are being taken into consideration.

3. In brief the facts of the case are that the petitioner is presently posted as the Technical Assistant Grade-II with the Food Corporation of India (FCI) in the Madhya Pradesh region and admittedly, his services are regulated by Food Corporation of India (Staff) Regulations, 1971 (hereinafter referred to as 'the Regulations') made in exercise of the powers conferred under Section 45 of the Food Corporation of India Act, 1964.

4. The case of the petitioner is that the Government of India has issued the guidelines for Pradhanmantri Aasha Scheme to provide Minimum Support Price (hereinafter, as 'MSP') for food grains to be purchased from farmers. For its proper implementation, as per Chapter II, Clause (C) (ii), the Central Nodal Agency respondent No.1 the Department of Agriculture, Co-operation & Farmer Welfare, Krishi Welfare, Krishi Bhawan, New Delhi, was to appoint their state/primary agencies by entering into an MOU. Clause (C) (vi) further provides that the Central Agency (FCI) shall provide technical support to the State Agency. Thus, based upon the guidelines dated 11.10.2018, the respondent No.2 General Manager of Food Corporation of India, FCI Regional Office entered into an agreement with the MP State Civil Supplies Corporation Ltd. which was supposed to act as the State Government Agency or State Level Supporter (SLS). The said agreement between the FCI and MP State Civil Supplies Corporation Ltd. was entered into on 25.10.2018 which also provided that the entire duty to carry out the procurement at the procurement point or Mandi would be of the State Level Agency or SLS and it was also provided that the FCI can depute the officials for supervising the work of SLS to ensure quality check.

5. The case of the petitioner is that for the implementation of the aforesaid scheme, the agents/workers/employees of the SLS completely failed to discharge their duties and obligations under the agreement as the surveyors and the agents appointed by the SLS were not in a position to carry out their work at the procurement centre. In this regard certain complaints were also made.

6. The further case of the petitioner is that he was appointed and was working as the Technical Assistant-II (TA-II) at District Office Sagar now Divisional Office Sagar and while being posted at Sagar, he was served with transfer order dated 03.11.2018 whereby he was posted at Damoh for procurement work, thereafter the petitioner was also posted at another place on 16.11.2018.

7. The case of the petitioner is that while the aforesaid scheme was not properly implemented by the State Government as also by the FCI, the FCI with malafide intention and with a view to make the petitioner a scapegoat alleged certain irregularities in the discharge of his duties which, ultimately led to his suspension on 11.02.2019, however, the aforesaid order of suspension was revoked by the respondent on 05.03.2019 only but on 03.06.2019, to the utter surprise of the petitioner a charge-sheet was issued to him allegedly, for committing serious lapses/misconduct in terms of the Regulations. The aforesaid charge-sheet was issued along with Article of charges, Statement of imputation of misconduct and list of witnesses for committing serious and grave misconduct under Regulation 58 of the Regulations.

8. Shri Gulati, learned counsel for the petitioner has vehemently argued before this Court that the charge-sheet is liable to be quashed as on a bare perusal of the documents on record clearly establishes that even assuming the same