IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 13038 of 2008 DATE OF DECISION : 28.04.2009 Dhian Chand .... PETITIONER Versus Food Corporation of India and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Raj Paul Kansal, Advocate, for the petitioner. Mr. Rajesh Garg, Advocate, for the respondents. * * * SATISH KUMAR MITTAL , J. The petitioner, who is working as AG-III in Food Corporation of India, Depot, Malerkotla, has filed the instant writ petition for quashing the order dated 20.2.1997, passed by Senior Regional Manager, FCI, Punjab Region, Chandigarh, order dated 30.12.1999, passed by Zonal Manager (North), FCI, New Delhi and the order dated 19.12.2007, passed by the Managing Director, Food Corporation of India. In a departmental proceeding, penalty of reduction in pay by three stages for a period of three years was imposed upon the petitioner vide order dated 20.2.1997 (Annexure P-3). Against the said order, the petitioner CWP No. 13038 of 2008 -2- filed an appeal and the same was rejected by the Appellate Authority [Zonal Manager (North)] vide order dated 30.12.1999 (Annexure P-4). Against the said order, the review petition was filed. Concededly vide order dated 19.12.2007 (Annexure P-5), the said review petition was dismissed by the same officer who had decided the appeal of the petitioner. Mr. Garg, counsel for the respondents, contended that the same officer could not have passed the order on the review petition filed by the petitioner, therefore, the said order is not sustainable. The same be set aside and the Managing Director of Food Corporation of India who is the reviewing authority be asked to reconsider and decide the review petition. In view of the said stand taken by counsel for the respondents, the writ petition is partly allowed and the order dated 19.12.2007 (Annexure P-5) is set aside. The Managing Director of the FCI, who is the reviewing authority, is directed to reconsider and decide the review petition in accordance with law within three months. April 28, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE