WP(C) 1748/2003 BEFORE THE HON’BLE JUSTICE MR B.K. SHARMA Heard Mr. A.K. Das, learned counsel for the petitioner as well as Mr. M. K. Choudhury, learned senior counsel representing the FCI. The petitioner is aggrieved by the Annexure-C order dated 25/29-6-2002, by which on the basis of issuance of a memorandum and reply thereof from the pet itioner, a penalty of recovery of Rs. 1,50,000/- was imposed on the petitioner p urportedly under Regulation 44 of the FCI(Staff) Regulations, 1971. The issue raised in the writ petition is no longer resintegra. This Cour t in a number of decisions, one of which reported in (2007) 3 GLT 910 (Bipin Raj banshi Vs. UOI & Ors), wherein it has been held that such a penalty cannot be im posed without any enquiry. Admittedly, before passing the order, no enquiry was held. In view of the above, the impugned order dated 25/29-6-2002 (Annexure-C) is set aside and quashed with the liberty to the respondent FCI to hold a regul ar enquiry, if so advised and subject to the permissibility of the same. With the above observations, the writ petition stands disposed of. There shall be no order as to costs.