RAJ KUMAR vs FOOD CORPORATION OF INDIA & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 21.05.2025 + W.P.(C) 6478/2010 RAJ KUMAR .....Petitioner Through: Mr. Uddhav Pratap and Mr. Vijay K. Kaushal, Advocates. versus FOOD CORPORATION OF INDIA & ORS .....Respondents Through: Mr. Deepak Dewan and Ms. Muskan Dewan Advocates. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. By way of this petition under Article 226 of the Constitution, the petitioner assails orders passed against him in disciplinary proceedings arising out of a chargesheet dated 07/15.10.2003, including the orders of the Disciplinary Authority dated 16.11.2005, the Appellate Authority dated 22/27.06.2006, and the Reviewing Authority dated 29.03.2007. A. FACTS: 2. The petitioner was appointed as Assistant Grade III (Depot) in the respondent—Food Corporation of India [“FCI”] on 13.12.1976. He was promoted to the post of Assistant Grade II (Depot) on 05.11.1994. 3. The disciplinary proceedings concern a period when the petitioner was posted as Assistant Grade II in FCI, Food Storage Depot [“FSD”] at Signature Not Verified Signed By:BHUPENDER Signing Date:21.05.2025 W.P.(C) 6478/2010 Page 1 of 15 19:43:48 Faridabad. A chargesheet was issued to him on 07/15.10.2003 on the following Article of Charge: “That Shri Raj Kumar, AG. II (D) now AG.III(D), while working as such at FSD Faridabad in Distt. Gurgaon during the year 2001-02 failed to maintain absolute integrity and due devotion to his allotted duties, in so much so that huge shortages/misappropriation of wheat stocks besides other irregularities were observed. He is thus found of negligent conduct causing loss to the Corporation deliberately for his ulterior motives, contravening thereby Regulation 31, 32 & 32 A of FCI (Staff) Regulations, 1971.” 4. The imputation of charge, annexed to