IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11497 of 2011 Madina Shah, s/o- Late Subedar Shah, r/o- Eqbal Hasan Lane, Mehdi Hasan Chowk, Brahampura, Muzaffarpur. Presently posted as Manager Depot/Legal, Food Corporation of India, Zila Parishad, Dak Bunglow, Imlichatti, Muzaffarpur. Versus 1. The Union Of India through the Secretary, Ministry of Food and Civil Supply, Government of India, New Delhi. 2. Food Corporation of India through the Chairman-cum-Managing Director. 3. The General Manager, Food Corporation of India, Arunachal Building, Exhibition Road, Patna. 4. The Deputy General Manager, Food Corporation of India, Arunachal Building, Exhibition Road, Patna. 5. The Manager Storage, Food Corporation of India, R.O., Arunachal Building, Exhibition Road, Patna. 6. Shri Ramprit Mochi, Area Manager, Food Corporation of India, Zila Parishad, Dak Bunglow, Imlichatti, Muzaffarpur. 7. Shri Suresh Lakra, Area Manager, Food Corporation of India, now at Area Office, Motihar, District- Motihari. 8. Shri Ashish Tripathi, Manager (Storage Food Corporation of India, Zila Parishad, Dak Bunglow, Imlichatti, Muzaffarpur. 9. Manager (Vigilance), District Office, Food Corporation of India, Zila Parishad, Dak Bunglow, Imlichatti, Muzaffarpur 10. Manager (Personal), District Office, Food Corporation of India, Zila Parishad, Dak Bunglow, Imlichatti, Muzaffarpur. 11. Shri Chandra Shekhar Prasad, Manager (Depot), Food Corporation of India, Zila Parishad, Dak Bunglow, Imlichatti, Muzaffarpur. For the petitioner : Mr. Jagnnath Singh, Advocate. For the Corporation : Mr. Prabhakar Tekribal, Advocate. ----------- 2 18.07.2011 Heard both sides. Petitioner seeks a direction upon the officials of the Food Corporation of India (for short “ the Corporation”) not to act or implement on the order/direction as contained in communication dated 23.3.2011 (Annexure-10/1) wherein the Area Manager of the Corporation, District Office, Muzaffarpur/Motihari observed that there was shortage of full bags of food grains in the Depot of the Corporation and as such an F.I.R. is required to be filed in which names of 2 certain officers including the petitioner was suggested to be added as accused. Learned counsel for the petitioner submits that the same officer had earlier communicated to the General Manager, Regional Office of the Corporation, Patna by communication dated 31.3.2011 (Annexure-9) wherein it was suggested that a thorough enquiry was required in the matter. Prima facie, it appears that the application is pre- mature. All the materials are before the authorities of the Corporation who shall consider and proceed in accordance with law. This Court, at this stage, cannot direct the respondents not to proceed in accordance with law based on materials on record. The application is dismissed. pkj ( Kishore K. Mandal, J)