Gauhati High Court
Page No.# 1/5 vs Food Corporation Of India And 6 Ors on 13 July, 2021
Page No.# 1/5
GAHC010054752021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3159/2021
RAJ KUMAR DAS AND 8 ORS
S/O LATE DHORAI DAS, R/O BANK COLONY SURBHI NAGAR HOUSE NO. 9,
P.O. BAMUNIMAIDAM, P.S. CHANDMARI, DIST. KAMRUP (M), GUWAHATI,
PIN 781021, ASSAM.
2: DEBU SAH
S/O LATE NARAYAN SAH
R/O PUBJYOTI NAGAR HOUSE NO. 50
BYE LANE NO. 13
NEPALI CHOWK
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN 781020 ASSAM.
3: MEWALAL KEWOT
S/O LATE MANNU KEWOT
R/O M.R.D. ROAD NEW GUWAHATI HOUSE NO. 74
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN 781020
ASSAM.
4: PAWAN CHOUDHURY
S/O BISNUDEO CHOUDHURY
R/O SONCHALIS KANCHAN NAGAR
BILPAR HOUSE NO. 42
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN 781020
Page No.# 2/5
ASSAM.
5: AMARJIT SAHANI
S/O TIRO SAHANI
R/O BHABANIPUR SONALI PATH
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN 781020
ASSAM.
6: RAJ KUMAR SAHANI
S/O LATE SURESH SAHANI
R/O BAMUNIMAIDAM GATE NO. 6
HOUSE NO. 55
P.O. BAMUNIMAIDAM
P.S. CHANDMARI
DIST. KAMRUP (M)
GUWAHATI 781021
ASSAM.
7: UDAY CHANDRA YADAV
S/O LATE BHORIL YADAV
R/O TIN ALI GANESH MANDIR
HOUSE NO. 18
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN 781020
ASSAM.
8: HARE RAM
S/O SRI RAM CHANDRA MAHATO
R/O MAJHGARIYA NO. 2
HOUSE NO. 186
P.O. AND P.S. NOONMATI
DIST. KAMRUP (M)
GUWAHATI
PIN 781020
ASSAM.
9: MUNILAL SAHANI
S/O DUKHA SAHANI
R/O KARBINAGAR
P.O. BAMUNIMAIDAM
P.S. CHANDMARI
Page No.# 3/5
DIST. KAMRUP (M)
GUWAHATI
PIN 781021
ASSAM
VERSUS
FOOD CORPORATION OF INDIA AND 6 ORS
REPRESENTED 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
NEW GUWAHATI
BAMUNIMAIDAM
GUWAHATI 78102
Page No.# 4/5
Advocate for the Petitioner : MR A DASGUPTA
Advocate for the Respondent : SC, F C I
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
13.07.2021
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 23.07.2021 to enable the FCI to file their affidavit-in-opposition.
The prayer of interim relief shall be considered on the next date.
JUDGE
Page No.# 5/5
Comparing Assistant
