IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

210 Date of decision: 13.01.2025 KULDIP KUMAR SHARMA ......Petitioner VERSUS FOOD CORPORATION OF INDIA AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Ms. Deepali Puri, Advocate for the petitioner.

Mr. K.K. Gupta, Advocate for the respondent-FCI.

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VINOD S. BHARDWAJ, J. (Oral)

Challenge in the present petition is to order dated 29.01.2015 passed by the General Manager, Food Corporation of India, imposing penalty of dismissal from service alongwith full forfeiture of gratuity as well as to the order dated 26/29.09.2016 passed by the Executive Director, Food Corporation of India, partly allowing the appeal preferred by the petitioner and modifying the penalty to that of dismissal from service alongwith 75% forfeiture of gratuity and as also to the order of 25.01.2018 passed by the Managing Director, Food Corporation of India dismissing the review petition filed by the petitioner.

2. Counsel for the petitioner contends that the petitioner joined the service of respondent-Food Corporation of India as an Assistant Grade-III (Depot) on 13.11.1978 and was promoted as Assistant Grade-I (Depot) on 31.12.2007. He was thereafter, transferred from Patran Centre, FCI District Bathinda and was issued an office order dated 20.05.2013, by the then Manager, to take over the charge of the wheat stocks. It is contended that in view of the huge quantity of 448667 bags in storage, it was practically impossible for the petitioner to count and weigh the entire stock. The charge of the wheat stocks was taken over by the petitioner on 28.06.2013, by a peripheral counting of bags stored in about 140 stacks and he submitted an affidavit to the effect that since he was not present at the time of receipt of stocks and the possession of stocks was taken over by a peripheral counting of both open and covered stocks, he shall not be responsible for any loss caused. The erstwhile Manager was later transferred and one Desh Raj joined as the new Manager on 15.07.2013. She contends that the petitioner suffered from a cardiac problem and proceeded on a medical leave from 06.01.2014 to 09.01.2014 which was duly approved by the competent authority. The petitioner remained admitted at the Hospital for the period from 25.01.2014 to 31.01.2014. She contends that while the petitioner was in Hospital at Nabha on 24.01.2014, a Committee was constituted at the level of respondent No.5 at the instance of Desh Raj, Manager which checked the wheat stocks on the basis of 100% stock verification by dismantling of the stocks and it reported shortage of stock. She contends that the petitioner had taken over the possession of stock only on a peripheral counting and without 100% physical verification and that the reported shortage was for the reason that the short stacks had been stored in the core by the concerned staff, prior to joining of the petitioner at the Center and that it was not possible for him to detect such shortage solely by a peripheral counting of bags and that the wheat stocks checked by the Committee were not received during the incumbency period of the petitioner but already stood received much prior to his joining at the Center on 20.05.2013. She further contends that even on a quarterly physical verification as on 31.12.2013, there was no shortage. On 06.01.2014, when the petitioner was in Hospital, the movement of wheat stocks in a special was made by the Manager-Desh Raj and even the Memorandum dated 30/31.01.2014 was served upon the petitioner under Regulation 58 for imposition of major penalty. She contends that no entry however was made regarding the dispatch of wheat sent on 06.01.2014. Even the Manager-Desh Raj was also served with memorandum dated 28.07.2014, on the same set of charges, and that even though an identical defence had been taken, however, while the petitioner has been awarded a harsh penalty of dismissal from service alongwith a forfeiture of