NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SHYNA AJAY WPS No. 9001 of 2023 Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, Judgment Reserved On : 22 .01.2026 st=Chhattisgarh, c=IN Judgment Delivered On : 28.02.2026 Kamal Kishor Shondilya S/o Late Shri Balaram Shondilya, Aged 50 Years, R/o Bungalow No.31, Dolphin Plaza, Daldalseoni Road, Mowa, Raipur, District Raipur (C.G.) 492014.

... Petitioner(s)

versus

1 - Food Corporation Of India Through The Chairman Cum-Managing Director, Head Quarter 16-20, Barakhamba Road, New Delhi- 110001. 2 - Review Committee, through the Chairman Cum-Managing Director, Food Corporation Of India, 16-20, Barakhamba Road, New Delhi-

110001.

3 - Representation Committee Through The Chairman Cum-Managing Director, Food Corporation Of India, 16-20, Barakhamba Road, New Delhi- 110001.

4 - General Manager (Region) Food Corporation Of India, Vidhan Sabha Road, Kapa, Raipur, District Raipur (C.G.) 492005.

... Respondent(s)

For Petitioner(s) : Mr. Sudeep Johri and Mr. JK Gupta, Advocates For Respondent(s) : Mr. RS Patel, Advocate S B: Hon’ble Mr. Justice Amitendra Kishore Prasad

C A V Order

1. The petitioner seeks to challenge the order dated 1.5.2023 (Annexure P/1) passed by the Managing Director, Food Corporation of India, Establishment No.1, Headquarters, New Delhi. By the impugned order, in exercise of powers conferred under Regulation 22 (2) of the FCI (Staff) Regulations, 1971 (in short “the Regulations, 1971”), the Petitioner was pre-maturely/compulsory retired from service, with a direction that he be paid a sum equivalent to the amount of his pay and allowance for a period of 03 (three) months calculated at the same same rate at which he was supposed to be drawing them immediately before his retirement.

2. The Petitioner has sought for the following relief(s) in this petition :-

1- That the Hon'ble court may be kind enough to call the record of the petitioner.

2- That the Hon'ble Court may be kind enough to issue a writ/ writs, order/orders, direction/directions and to command the respondents by appropriate writ /order/ direction to quash the premature retirement order Annexure P-1 & P-2.

3-That the Hon'ble Court may be kind enough to issue any other writ, order or direction to the respondents to reinstate the petitioner in his original post with all back wages and consequential benefits attached to his post. 3- That the Hon'ble Court may be kind enough to issue any writ/order/ direction as deemed fit in the circumstances of the case an pass such orders in accordance with law.

3. The case of the Petitioner, as projected by him, is that he was selected and appointed on the post of Manager (Trainee) in the year 2005 through a formal recruitment process. He was subsequently confirmed in the post of Manager (Depot) in 2006. The Petitioner served at various depots of the Food Corporation of India (in short “the FCI”) and was lastly posted as the Divisional Manager, FCI, Bareilly (U.P.). During his tenure at the said place, certain anonymous complaints were lodged against the Petitioner alleging fake procurement of food grains. The said complaints were investigated by a Committee headed by the Chief General Manager (CGM) of the FCI at Noida. In the enquiry, the Committee found the complaints to be either incorrect or non- verifiable. Despite this, a re-investigation was ordered by Respondent No.1. This subsequent investigation conducted by the CGM and the Assistant General Manager (AGM), similarly concluded that the complaints were frivolous and incorrect. Respondent No.1- Chairman-cum-Managing Director, FCI, nurtured a grudge against the Petitioner. Consequently, instead of exonerating the Petitioner based on the investigation findings, Respondent No.1 handed over the matter to the CBI. Subsequently, disciplinary proceedings were initiated and a memorandum of charge sheet dated 15.6.2021 was issued, alleging that the Petitioner caused a financial loss of Rs.46,05,045/- to the FCI. In the Departmental En