IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10683 of 2011 Hari Mohan Singh, son of Late Awarn Singh, resident of village Khandol, P.S. Sandesh, District- Bhojpur. ………… Petitioner Versus 1. The Food Corporation .Of India, 16-20, Barakhamba Lane, New Delhi 2. Executive Director, East Zone FCI, Zonal Office, 10A, Middaction Raw, Kolkata-71. 3. The General Manager, Region FCI, Regional Office, Arunachal Building, Exhibition Road, Patna. 4. The Area Manager, FCI, Dist. Office, Gaya. …….. Respondents ----------- 3 18.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondent Food Corporation of India. Petitioner assails the order dated 23.12.2010 (Annexure-1) issued by the Area Manager, Food Corporation of India (for short “the Corporation”) whereby the petitioner has been directed to replenish the loss suffered by the Corporation on account of his negligence to the tune of Rs. 1,55,476/- failing which the said amount would be recoverable from the post-retiral/terminal dues payable to the petitioner. It appears that petitioner had earlier moved this Court in C.W.J.C. No. 14498 of 2010 wherein this Court directed for payment of dues on account of post-retiral dues payable to him. In course of settlement of dues, it was found that petitioner, while functioning as Assistant Grade-I (D) of the Depot, derelicted in his duty causing loss to the tune of Rs. 1,55,476/-. Accordingly, he was served with a notice/charge- sheet and thereafter the impugned order has been passed, operative portion whereof reads as under: “BY your above act, you Sri Hari Mohan Singh, 2 AG-I(D) has contravened the regulation 31, 32 and 32(A) of FCI Staff Regulation 1971 and made yourself liable for disciplinary proceedings for which chargesheet was sent to you but you did not file suitable reply. Therefore, in view of the direction of the Hon'ble Court to settle the terminal dues early, you are hereby directed to deposit above referred loss amount i.e. total Rs. 1,55,476=00 (Rupees One Lac Fifty Five Thousand Four Hundred Seventy Six only) to the FCI within 7 (Seven) days from this notice, failing which the same will be recovered from your terminal/retiral dues.“ Learned counsel for the Corporation submits that the aforesaid order is appeallable and in fact the petitioner has already filed appeal thereagainst. Learned counsel for the petitioner admits the aforesaid position and states that the Memo of Appeal preferred thereagainst is enclosed as Annexure-4. In that view of the matter, this Court is not inclined to interfere with the order contained in Annexure-1.The respondents are directed to consider and dispose of the appeal/representation (Annexure-4) in accordance with law within a reasonable period of time. Petitioner is directed to produce a copy of the order before the concerned respondent enabling him to dispose of the appeal within six weeks from the date of receipt/production of a copy of the order. pkj ( Kishore K. Mandal, J)