Allahabad High Court
Syed Mehndi Hasan Rizvi vs Food Corp.Of India Thru. ... on 23 March, 2021
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- SERVICE SINGLE No. - 8443 of 2021
Petitioner :- Syed Mehndi Hasan Rizvi
Respondent :- Food Corp.Of India Thru. Chairman-Cum-M.D. & Ors.
Counsel for Petitioner :- Abhishek Khare,Saumya
Counsel for Respondent :- Shikhar Anand
Hon'ble Irshad Ali,J.
1. Heard learned counsel for the petitioner and Sri Shikhar Anand, learned counsel for the respondents.
2. By means of present writ petition, the petitioner is challenging the charge sheet dated 17/19.12.2019 and inquiry report dated 17.10.2020.
3. It is not disputed by learned counsel for the petitioner that charge sheet was issued in a proceeding initiated by the competent authority and there is no challenge that the disciplinary proceeding was initiated against the petitioner under an order passed by the competent authority.
4. Learned counsel for the petitioner submitted that the inquiry officer in utter disregard of principles of natural justice has proceeded to conclude the inquiry proceeding and issuing inquiry report, therefore, the inquiry report being violative of principles of natural justice is not sustainable in law. He relied upon a judgment of Hon'ble Apex Court in the case of Capt. M. Paul Anthony Vs. Bharat Gold Mines Ltd. and another; (1999) 3 SCC 679 and on the said basis he submitted that in case the inquiry is in violation of principles of natural justice, the Court has power to interfere in the matter.
5. Per contra, learned counsel for the respondents submitted that the writ petition is pre-matured. The petitioner has remedy to file representation before the disciplinary authority on issuance of show cause notice along with inquiry report taking all the grounds, which have been taken in the present writ petition. Still the disciplinary authority has not passed any order on the basis of inquiry report challenged in the present writ petition.
6. He further submitted that now the disciplinary authority shall consider that whether the inquiry report submitted by the inquiry officer is acceptable or not and in case the petitioner satisfies to the disciplinary authority that it is in violation of principles of natural justice, the disciplinary authority by recording reasons may direct for reinquiry in the matter.
7. I have considered the submissions advanced by learned counsel for the parties and perused the material on record as well as the law report relied upon by learned counsel for the petitioner.
8. On perusal of the material, it is reflected that on the basis of inquiry report the disciplinary authority has not passed any order relying upon the report which has been alleged by learned counsel for the petitioner that it is in violation of principles of natural justice.
9. I have also perused the judgment relied upon by learned counsel for the petitioner, wherein while considering the order of punishment on the basis of inquiry held exparte to the employee, the Hon'ble Court came to the conclusion that in case the petitioner has not been afforded opportunity of hearing to defend his case and relying on the said report an order of punishment has been passed, the order vitiates in law. The case relied upon is not applicable to the present facts and circumstances of the case. Now, it is the stage of consideration of inquiry report by the disciplinary authority.
10. This Court is of the opinion that the writ petition is pre-matured and the petitioner has remedy to raise objection before the disciplinary authority after issuance of notice along with inquiry report.
11. Accordingly, the writ petition is finally disposed of with a liberty to the petitioner to raise all his grievances before the disciplinary authority after issuance of notice along with inquiry report. The disciplinary authority shall consider the same and shall pass appropriate order taking into consideration the representation filed by the petitioner, if any, within a period of three months from the date of production of a certified copy of this order.
Order Date :- 23.3.2021
Adarsh K Singh
