IMPORTANT POINT
Disciplinary proceedings initiated by an incompetent authority are void ab initio, and penalties imposed without jurisdiction are null and unenforceable.

ORDER :

Heard the learned counsel for the petitioner Mr W.B.Srinivas appearing on behalf of the petitioner and the learned counsel Dr P.Bhaskara Mohan, appearing on behalf of the respondents.

2. The petitioner approached the Court seeking the prayer as under:

“to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings: (a) Charge sheet Memorandum No. Vig.420/2015 dated 18/09/2015 and Order No. Vig.4(20)/2015 dated 22/12/2015 of the second respondent; (b) and the consequential Proceedings No. Vig.4(5)/2016 dated 10/09/2018 of the third respondent; and (c) further consequential Order No. Vig.4(33)/2016/SZ/1138, dated 26/10/2020 of the first respondent as illegal, arbitrary, without jurisdiction and contrary to Regulations 56, 57 and 58(2) of the Discipline and Appeal Regulations of Food Corporation of India (Staff) Regulations, 1971 and consequentially set aside the same (d) by further declaring the petitioner is entitled to all consequential monetary and service benefits thereupon. (e) and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. PERUSED THE RECORD

A) The order impugned dated 18th September, 2015 of the General Manager (R) and Disciplinary Authority, Food Corporation of India, vide No.Vig.4(20)/2015, reads as under:

“MEMORANDUM Date: 18.09.2015

The undersigned proposes to hold an inquiry against Sri. A.Ravi Chandra, Manager (Elec.), under Regulation 58 of Section 5 of the Food Corporation of India (Staff) Regulations, 1971. The substance of the imputations of misconduct or misbehavior in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure-I). A statement of the imputations of misconduct or misbehavior in support of the articles of charge is enclosed (Annexure-II). A list of documents by which and witness by whom the articles of charge are proposed to be sustained are also enclosed (Annexure-III and Annexure-I).

Sri. A.Ravi Chandra, Manager (Elec.), is directed to submit within 10 days (ten) of the receipt of this memorandum, written statement of his defense and also to state whether he desires to be heard in person.

He is informed that an inquiry will be held only in respect of those articles of charge which are not admitted. He should therefore specifically admit or deny each article of charge.

Sri A.Ravi Chandra, Manager (Elec.), is further informed that if he does not submit his written statement of defense on or before the date specified in para two above or does not appear in person before the inquiry authority or otherwise fails or refuses to comply with the provisions of Regulation 58 of the Food Corporation of India (Staff) Regulations, 1971, or orders or directions issued in pursuance of the said Regulation, the inquiry authority may hold the inquiry against him ex-parte.

Attention of Sri.A.Ravi Chandra, Manager (Elec.), is invited to Regulation 50 of Section 4 (conduct Regulations) of Food Corporation of India (Staff) Regulations, 1971, under which no Food Corporation of India employee shall bring or attempt to bring any political or out-side influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Corporation. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that Sri. A.Ravi Chandra, Manager (Elec.), is aware of such representation and that it has been made at his instance and action will be taken against him for violation of Regulation 50 of Section 4 (Conduct Regulations) of Food Corporation of India (Staff) Regulations, 1971.

The receipt of the memorandum may be acknowledged.

ANNEXURE - I

STATEMENT OF ARTICLES OF CHARGE FRAMED AGAINST SRI A. RAVI CHANDRA MANAGER (EE) WORKING AT FCI, REGIONAL OFFICE, HYDERABAD.

Sri A.Ravi Chanda, Manager (EE), while working at