Phool Chandra vs Food Corporation Of India Thru' ...
2012 Latest Caselaw 4783 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- WRIT - A No. - 50151 of 2003
 

 
Petitioner :- Phool Chandra
 
Respondent :- Food Corporation Of India Thru' Sr. Regional Manager
 
Petitioner Counsel :- V.K. Singh,P.K. Misra,Vijay Singh
 
Respondent Counsel :- A.K. Singh,A.Singh,P.M.N. Singh,S.C.,Satish Chaturvedi
 

 
Hon'ble Pankaj Naqvi,J.

Heard Sri V K Singh, learned Senior Counsel assisted by Sri Vinay Singh, learned counsel for the petitioner, and Sri Pankaj Srivastava, holding brief of Sri Satish Chaturvedi, learned counsel for the respondents.

The Petitioner Phool Chandra, claims himself to be an Ancillary Labour working on wages in the Food Corporation of India, at  its Naini Depot, Allahabad.  He was issued a memo on 20.11.2002 in respect of certain charges, pursuant to which he was placed under suspension on 28/30.06.2003.  He challenged his suspension by means of the present writ petition. During the pendency of  this petition, his services came to be dismissed on 26.05.2004 by the Manager, Food Corporation of India, Allahabad.

After hearing learned counsels for the parties, the Court is of the view that it would be in the interest of justice, that the petitioner is permitted to avail the remedy of challenging the order dated 26.05.2004, before the appellate authority in terms of Regulations 67/68 by filing an appeal.

Ordinarily, this Court would have disposed of this petition on the aforesaid directions but considering the fact that petitioner would be shortly attaining the age of superannuation, it is provided that in case the petitioner files a statutory appeal within a period of 3 weeks from today, before the competent appellate authority, then the appellate authority shall endeavour to consider and dispose of the same on merits without raising the plea of limitation, in accordance with law, within a further period of 2 months and the decision so taken shall be communicated to the petitioner through registered post.  The petitioner shall thereafter file the proposed decision, by a supplementary affidavit on record.

Order Date :- 4.10.2012

Chandra