IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.14723 of 2010 Date of Decision : August 18, 2010. K.N.Singh .....Petitioner versus Food Corporation of India and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Saurav Verma, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner, who is an Assistant Manager (Quality Control) in the Food Corporation of India (for short `the FCI'), has been subjected to the penalty of reduction in the time scale by five stages with cumulative effect alongwith recovery of Rs.one lac vide the impugned order dated 31.5.2010 (Annexure P-11). Aggrieved, the petitioner assails the above stated order on various grounds like inordinate delay in issuance of the charge-sheet which has allegedly caused serious prejudice to him. It is not in dispute that the petitioner has got an alternative remedy of departmental appeal before the Appellate Authority-cum- Managing Director of the Corporation. That being so, I am of the considered view that the petitioner C.W.P.No .14723 of 2010 2 ought to have availed that alternative remedy before approaching this Court. Suffice it to say that the Appellate Authority shall be obligated to consider all the contentions to be raised by the petitioner including the serious prejudice, if any, caused to him due to inordinate delay in initiating the departmental action. While dealing with the petitioner's above mentioned contentions, the Appellate Authority shall also keep in view the decision dated 14.7.2010 (Annexure P-12) rendered by this Court in CWP No.2594 of 1995 (Sudhir Khetarpal and another versus Food Corporation of India and another). Since the petitioner is nearing his retirement which is due on 31.10.2010, the Appellate Authority is directed to decide the petitioner's appeal in accordance with law before his retirement and after affording an opportunity of personal hearing to him. Ordered accordingly. Dasti. August 18, 2010 (SURYA KANT) Mohinder JUDGE