Court No. - 34
Case :- WRIT - A No. - 13017 of 2018 Petitioner :- Smt. Rekha Singh Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Akhilanand Mishra,Sri Anil Bhushan, Sr. Advocate Counsel for Respondent :- A.S.G.I.,Ashok Kumar Pandey
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard Sri Anil Bhushan, learned Senior Counsel, assisted by Sri Akhilanand Mishra, Advocate, for petitioner; and, Sri Ashok Kumar Pandey, and Sri Prem Shankar Prasad, Advocates, for respondents.
2. By means of impugned order dated 25.04.2018, respondents have simply added certain statement of imputation of misconduct by referring to 2 additional documents in support of charge sheet and it is this order which has been challenged in this writ petition.
3. It appears that earlier inquiry was conducted against petitioner and punishment of reduction in pay scale was awarded. Reviewing Authority took decision to enhance punishment and imposed punishment of dismissal but without any inquiry, as required under Regulation 74(1)(d) (proviso) of Food Corporation of India (Staff) Regulations, 1971 (hereinafter referred to as “Regulations, 1971”) as amended from time to time. The aforesaid order of punishment was set aside by this Court vide judgment dated 21.02.2018 passed in Writ petition No. 54258 of 2017 in view of fact that the requirement of law is that an inquiry in the manner as required under Regulation 58 has to be conducted but it was not followed.
4. While proceeding to conduct such inquiry, the aforesaid addendum has been issued. Learned counsel appearing for petitioner, despite repeated query, could not show that such an addendum cannot be issued in regular inquiry under Regulation 74(1)(d) read with Regulation 58 of Regulations, 1971 which is now being conducted against petitioner. Hence, we find no merits in the writ petition.
5. So far as direction for payment of earlier salary is concerned, as prayed for in relief-2, we find that it has nothing to do with the order, which is under challenge in this writ petition. However, in this regard petitioner may avail remedy by making a suitable representation before the competent authority, who shall look into the matter and take a final decision within 15 days from the date of receipt of such representation along with certified copy of this order.
6. With the aforesaid observation/direction, the writ petition is dismissed.
Order Date :- 29.5.2018 PS