Gauhati High Court
Page No.# 1/5 vs Food Corporation Of India And 6 Ors on 9 April, 2021
Page No.# 1/5
GAHC010067312021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2640/2021
MAHESH SARMA AND 8 ORS
S/O. SRI UDHO SARMA, R/O. SHIVPUR, SHIV PATH, GOPAL NAGAR, HOUSE
NO.76, P.O. AND P.S. NOONMATI, DIST. KAMRUP (M), GUWAHATI, PIN-
781020, ASSAM.
2: GANGA RAM YADAV
S/O. LT. JOGENDRA YADAV
R/O. PRAG KUMAR DAS PATH BYE LANE NO.2
SURVI NAGAR HOUSE NO. 10
P.O. BAMUNIMAIDAM
P.S. CHANDMARI
DIST. KAMRUP (M)
GUWAHATI
PIN-781021
ASSAM.
3: MANOJ SAHANI
S/O. LT. PARMANAND SAHANI
R/O. GANESH MANDIR PATH
NEW GUWAHATI
BYE LANE NO.7
HOUSE NO. 5
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN-781020
ASSAM.
4: MOHAN TANTI
S/O. LT. KAILU TANTI
R/O. ANAND NAGAR NEAR SARVAJANIK HINDI HIGH SCHOOL LALMATI
P.O. BAMUNIMAIDAM
P.S. CHANDMARI
DIST. KAMRUP (M)
Page No.# 2/5
GUWAHATI
PIN-781021
ASSAM.
5: NOONU BABU PASWAN
S/O. LT. MISHRI PASWAN
R/O. CHOONSARIL BIL PAR
HOUSE NO.73
BYE LANE NO.7
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN-781020
ASSAM.
6: RAM BALAK SINGH
S/O. DHANESWAR PD. SINGH
R/O. C/O. KAMAL KALITA PUB JYOTI NAGAR ROAD
NEPALI CHOWK BYE LANE NO.11
HOUSE NO. 60
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN-781020
ASSAM.
7: RAM PRIT SHARMA
S/O. ROHIN SHARMA
R/O. CHOONSARLI BIL PAR HOUSE NO.73
BYE LANE NO.7
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN-781020
ASSAM.
8: RAM DAYAL MAHATO
S/O. LT. SARAJUG MAHATO
R/O. BISHNU RABHA NAGAR HOUSE NO.6
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN-781020
ASSAM.
9: ANIL SAHANI
S/O. SRI MAHENDRA SAHANI
Page No.# 3/5
R/O. BIRKUCHI
NEAR HINDI HIGH SCHOOL
.O. NAGENGI
P.S. ....
DIST. KAMRUP (M)
GUWAHATI-781026
VERSUS
FOOD CORPORATION OF INDIA AND 6 ORS
REP. BY (CHAIRMAN CUM MANAGING DIRECTOR) 16-20, BARAKKHAMBA
LANE, NEW DELHI-110001.
2:EXECUTIVE DIRECTOR NORTH EAST ZONE
FOOD CORPORATION OF INDIA
G.L. PUBLICATION BUILDING
G.S. ROAD GUWAHATI-781008.
3:GENERAL MANAGER
FOOD CORPORATION OF INDIA
REGIONAL OFFICE ASSAM PALTAN BAZAR
GUWAHATI-781008.
4:DIVISIONAL MANAGER
FOOD CORPORATION INDIA
ULUBARI
MITRA BUILDING
GUWAHATI-781007.
5:MANAGER ACCOUNTS
FOOD CORPORATION OF INDIA
ULUBARI
MITRA BUILDING
GUWAHATI-781007.
6:MANAGER (IR)
FOOD CORPORATION OF INDIA
ULUBARI
MITRA BUILDING
GUWAHATI-781007.
7:MANAGER DEPOT
FOOD STORAGE DEPOT
Page No.# 4/5
NEW GUWAHATI
BAMUNIMAIDAM
GUWAHATI-781021
Advocate for the Petitioner : MR A DASGUPTA
Advocate for the Respondent : SC, F C I
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 09.04.2021
Heard Mr. A. Dasgupta, learned Senior counsel for the petitioners, who submits that the
petitioners are paid incentives if they can do the job of replacement of more than 42 torn
bags per day i.e., money is given for replacing torn bags beyond the 42nd bag. He submits
that an Audit Report for the year 2012-2013, 2013-2014 showed that there was a difference
between the bag issued for filling food-grains as per stock account and work certified and as
per the actual bags that were taken into count. He submits that the respondents are
proposing to recover the incentives from the petitioners. However, in view of the judgment of
the Apex Court in the case of State of Punjab and Others vs. Rafiq Masih (White Washer),
reported in (2015) 4 SCC 334, it is submitted that recovery cannot be allowed.
Issue Notice returnable in 4 (four) weeks.
Mr. P.K. Roy, learned standing counsel for the respondents accepts notice for all the
respondents. He submits that the case of Rafiq Masih (supra), would not be applicable to the
facts of this case, inasmuch as, while the FCI had issued approximately 57,521 bags for filling
up food-grains, over 12 lakhs bags have been alleged to have been filled up. He submits that
this amounts to cheating.
List the matter on 26.04.2021 to enable the FCI to file their affidavit-in-opposition.
Page No.# 5/5
The prayer of interim relief shall be considered on the next date.
JUDGE
Comparing Assistant
