Jharkhand High Court
Food Corporation Of India vs Hans Raj Singh on 24 October, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(L) No. 2123 of 2016
Food Corporation of India, a statutory Corporation constituted by and
under the Food Corporations Act, 1964, Amresh Kr. S/o Ranjit Singh,
General Manager, FCI Patna, through its General Manager (Region),
Regional Office, Arunachal Bhawan, Exhibition Road, P.O. P.S. and
District Patna, Bihar ... ... Petitioner
Versus
Hans Raj Singh, son of Rameshwar Singh, ex Assistant General - II
(depot), Food Storage Depot, Katihar, presently resident of Village
Kutubpur, P.S. Doriganj, P.O. Kotwa Pati Rampur District Saran,
Chappra, Bihar ... ... Respondent
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Shubham Sinha, AC to Mr. Nipun
Bakshi, Adv.
For the Respondent : Mr. Rahul Kumar, Advocate
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16/24.10.2024 The learned counsels for the parties are present.
2. This writ petition has been filed for the following relief:
"(i) For issuance of a writ in the nature of a certiorari or any other
appropriate writ / order / direction for setting aside the award dated 12.06.2015
(Published in Official Gazette on 07.07.2015), passed by Shri Ranjan Kumar
Saran, the learned Presiding Officer, Central Government Industrial Tribunal
No.1 at Dhanbad, in Complaint Case No. 2 of 2015, whereby and whereunder the
punishment order of reduction by two stages in the time scale of pay with
cumulative effect, inflicted upon the respondent, has been held to be wholly illegal
only on the score that the respondent had subsequently deposited the excess
payment made by him with interest when detected, which is contrary to the settled
law regarding temporary embezzlement and the right of the management decide to
and impose required punishment in cases of proved misconduct;
(ii) For issuance of any other appropriate writ / order / direction for grant of such
other relief(s) as may be incidental to or consequential to or connected with the
setting aside of the aforesaid impugned award and for doing conscionable justice
to the petitioner."
3. The learned counsel for the petitioner submits that the
impugned order is ex facie cryptic and the same cannot be sustained in
the eyes of law. He has submitted that the petition under Section 33
itself was not maintainable and for which he has relied upon a
judgment passed by this Court in W.P.(L) No. 2703 of 2018 (The
Food Corporation of India through its General Manager (Region)
Vs. Hans Raj Singh) dated 01.07.2024.
4. The learned counsel for the petitioner has submitted that
specific objection regarding the maintainability of proceeding was
taken but that point has not been decided.
5. The learned counsel for the respondents has submitted that
since the impugned award is cryptic and the point of maintainability
has also not been decided, the matter may be remanded to the Central
Government, Industrial Tribunal No.1, Dhanbad and it is for the
aforesaid Tribunal to decide the point of maintainability at the first
instance.
6. After hearing the learned counsels for the parties and
considering the aforesaid submissions and upon going through the
impugned award dated 12.06.2015, this Court finds that the learned
tribunal has not at all considered the point of maintainability of the
petition. Otherwise also, on the face of the award, which is just
running in two pages and the contents of the award, this Court finds
that the award is ex facie cryptic and cannot be sustained in the eyes of
law.
7. Accordingly, the impugned award is hereby set aside and the
matter is remitted to the aforesaid Tribunal for passing fresh award in
accordance with the law.
8. The parties to appear before the learned Tribunal on
18.11.2024. Since the matter is old, it is directed that the parties would
cooperate in the proceeding and the learned Tribunal shall make all
endeavor to decide the case within a period of two months from the
date of their appearance.
9. Pending interlocutory application, if any, stands closed.
(Anubha Rawat Choudhary, J.)
Saurav/-
