Jharkhand High Court
) Rashmi Sonali Topno vs ) Food Corporation Of India Through The ... on 18 June, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:16816
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(S) No. 5937 of 2016
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1) Rashmi Sonali Topno, D/o Late Paul F. Topno @ P.F.
Topno, aged about 42 years, R/o Vill. Kocha Toli, P.O. +
P.S.-Namkum, District-Ranchi, Jharkhand-834010.
2) Ravi Ranjan Topno, S/o Late Paul F. Topno @ P.F.
Topno, aged about 42 years, R/o Vill. Kocha Toli, P.O. +
P.S.-Namkum, District-Ranchi, Jharkhand-834010
....Petitioners
Versus
1) Food Corporation of India through the Executive Director
(East), Food Corporation of India, Zonal Office, 10-A,
Middleton Row, Kolkata-700071
2) The Senior Regional Manager, Food Corporation of India,
Arunachal Building, Exhibition Road, PO & PS Patna,
District Patna-800001
3) The General Manager (Region), Food Corporation of
India, Arunachal Building, Exhibition Road, PO & PS
Patna, District Patna-800001
4) The General Manager (Region), Food Corporation of
India, 4th Floor, Block A, New Collectorate Building, PO
GPO, PS Kotwali, District Ranchi-834001
5) The Area Manager, Food Corporation of India, 4th Floor,
Block A, New Collectorate Building, PO GPO, PS Kotwali,
District Ranchi - 834001
...Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : M/s. Shubhashis Rasik Soren, Shobha
Gloria Lakra, Mrinalini Adela Jete, Preeti
Hembrom, Singi Sharon Demta,
Advocates
For the Respondent-FCI : Mr. Shubham Sinha, Nipun Bakshi,
Advocates
----
06/18.06.2025 Heard learned counsel for the parties.
2. The instant writ application has been preferred
by the original petitioner, who died during pendency of this
writ application had made the following reliefs:
i) For quashing the order dated 06.11.2001
(Annexure-4) issued by the Senior Regional
Manager, Food Corporation of India, Patna
(Respondent No. 2), whereby and whereunder the
penalty of compulsory retirement was imposed
upon the petitioner then posted and working as
the Assistant Grade - III (Depot) in Ranchi, on the
sole ground of his conviction under the judgement
2025:JHHC:16816
dated 07.08.2001 passed by the learned Special
Judge, CBI, North Bihar, Patna in RC Case No.
22/1986 (Special Case No. 55/1986), which
finally stood set aside by the judgment dated
15.09.2015 passed by Hon'ble Mr. Justice Aditya
Kumar Trivedi in Criminal Appeal (SJ) No.
264/2001 filed in the Hon'ble Patna High Court,
Patna, holding that the case of the prosecution
was not above board, meaning thereby that the
appellant was honourably acquitted in the said
case and to reinstate the petitioner in service with
effect from 06.11.2001 to 31.12.2012 (the date of
superannuation of the petitioner) treating his
service to be continuous and to forthwith give him
all consequential monetary benefits including
those of promotions /stagnation/fixation etc. due
to the petitioner in view of his clean and
honourable acquittal in the above noted criminal
case.
3. Learned counsel for the petitioners submits that
a criminal proceeding was initiated in which initially the
deceased petitioner was not named; however during
charge-sheet his name was included and subsequently he
has been convicted also. After the order of conviction, a
departmental proceeding was initiated and order of
compulsory retirement was issued against him; however in
criminal appeal the deceased petitioner has been acquitted.
Learned counsel further submits that after
acquittal of the deceased petitioner he made a
representation, but till date no action has been taken; as
such, the concerned respondent is directed to take a
decision in the matter with regard to payment of admitted
dues to the present petitioners.
4. Learned counsel for the respondents submits
that due to inadvertence the deceased petitioner has made
a representation before the respondent no. 4; however,
since the deceased petitioner was working at Purnea,
therefore, the deceased petitioner should have filed a
representation before the respondent no. 3, who is
competent authority and even the records are with him.
2025:JHHC:16816
5. Having regard to the aforesaid facts and
circumstances of the case, the instant writ application is
hereby disposed of by directing the present petitioners, who
are son and daughter of the original petitioner, to file a
fresh representation along with all necessary documents
including the order of acquittal before the respondent no. 3.
If any such representation is received by the
respondent no.3, he shall look into the matter and take an
appropriate decision with regard to payment of monetary
benefits in accordance with the applicable Rules &
Regulations and also in view of the fact that the deceased
petitioner has been acquitted subsequently and the sole
reason for departmental proceeding/punishment was the
conviction of the deceased petitioner. The entire exercise
shall be completed within a period of 16 weeks from the
date of receipt of representation.
6. Accordingly, the instant writ application stands
disposed of in the manner indicated hereinabove.
(Deepak Roshan, J.)
Jk
