IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14266 of 1993 Date of decision: 19.04.2010 Jagmohan Singh Sharma ….Petitioner versus Food Corporation of India and others …Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ------ Present: None for the petitioner. Mr.Rajesh Garg, Advocate, for the respondents. ----- 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? ----- K.Kannan, J (Oral) 1. There is no representation for the petitioner. The case is of the year 1993 and I hasten to proceed with the case on the basis of records. 2. The writ petition challenges the issue of a charge-sheet and all consequential proceedings pursuant thereto. The petition is founded on an averment that the 3rd respondent, the Senior Regional Manager, who had issued the charge-sheet, was not competent to issue the same. 3. The impugned proceedings issued by the Assistant Manager acting on behalf of the Senior Regional Manager on 21/26.10.1993 Civil Writ Petition No.14266 of 1993 - 2 - states that a retired Regional Manager had been appointed as an Enquiry Officer and that he would conduct the enquiry. Adverting to the issue of the competence of the person to levy a charge-sheet, it has been contended on behalf of the Food Corporation of India that promotion to the post of Technical Assistant-II is made after promotion cases are considered by the Zonal Promotion Committee headed by the Deputy Zonal Manager, an authority equal in rank of the Senior Regional Manager. The unit for promotion/recruitment/reversion/retrenchment in respect of category-III employees such as the petitioner is the zone and such matters are considered at the zonal level by the Deputy Zonal Manager and at no stage, promotion matters are considered by the Zonal Manager. Promotion order are issued on behalf of the zonal office for the information of the entire zone and, therefore, the Senior Regional Manager, is alone the competent authority under Appendix-II or the Food Corporation of India Staff Regulations. Taking the statement referring to the regulations empowering the Senior Regional Manager as the competent authority to initiate action, I find the intervention sought through the writ petition at the stage of institution of an enquiry is not tenable. The writ petition is dismissed. (K.KANNAN) JUDGE 19.04.2010. sanjeev