IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16200 of 2009 1. VIJAYENDRA KUMAR S/O LATE RAM TAPESWAR SINGH VILL- ANANDPUR, P.S. BIHTA, DISTT. PATNA AT PRESENT RESIDING IN HOUSE NO. 4, ROAD NO. 5, S.K. NAGAR, PATNA Versus 1. FOOD CORPORATION OF INDIA, THROUGH CHAIRMAN CUM MANAGING DIRECTOR 16-20 BARAKHAMBHA LANE, NEW DELHI 2. EXECUTIVE DIRECTOR (EAST ZONE) FOOD CORPORATION OF INDIA, 10-A, MIDDLETON ROW, KOLKATA-71 3. GENERAL MANAGER (REGION) FOOD CORPORATION OF INDIA, REGIONAL OFFICE, ARUNACHAL BUILDING, PATNA 4. AREA MANAGER FOOD CORPORATION OF INDIA, PARMANAND NIKETAN, GAYA 5. DY. GEN. MANAGER (PERS) FOOD CORPORATION OF INDIA 2ND OFFICE (EAST), 10-A, MIDDLETON ROAD, KOLKATA 06/ 20.04.2010 Heard learned counsel for the petitioner and the Food Corporation of India (hereinafter referred to as the (FCI ). 2. Petitioner is aggrieved by the transfer orders dated 30.7.2009 and 31.7.2009, Annexures-1 and 1/1 to this application, whereunder he has been transferred and posted in the District Office, FCI, West Dinajpur under West Bengal Region. 3. It is submitted on behalf of the petitioner that aforesaid transfer orders dated 30.7.2009 and 31.7.2009, - 2 - Annexures-1 and 1/1 to this application, have been passed, as he had made complaint against the Area Manager, Sri Manoj Kumar that Sri Kumar is purchasing huge rice stock from the brokers and is letting out the godown space of the FCI to the brokers for storing their food grain as also indulging in recycling of the food grain stored in the godown of the FCI. Such complaint is dated 30.3.2009, Annexure-9, the evidence in support of recycling of food grain is available in the Outward Gate Pass, Annexure-14 series. The confidential report dated 6.5.2009, Annexure-15 also support the allegation on the basis of which show cause notice dated 5.5.2009, Annexure-10 was issued to both M/s Manoj Kumar and Sukhdeo Paswan. 4. Counsel for the FCI does not dispute the allegation, but states that action in the light of the show cause notice is being taken, but till date no final order has been passed. Counsel for the FCI also states, with reference to the report dated 12.3.2008, Annexure-D to the counter affidavit that the conduct of the petitioner is also not fair and he is also involved in the same nefarious activity in which M/s Manoj Kumar and Sukhdeo Paswan are alleged to be - 3 - involved. Counsel for the FCI also made a candid statement that he has no objection, if this Court directs enquiry in the matter of illegal use of the godown space by the FCI functionaries through an independent investigating agency. 5. FCI has been established in the light of the provisions of the Food Corporation of India Act, 1960, for the purpose of facilitating the availability of the food grain in the country at a reasonable price so as to cater the need of the poor masses of the country. Godowns have been raised to achieve the purpose for which the FCI has been established. The purpose for which FCI has been established, however, is being defeated on account of illegal use of the godown space. In order to ensure that the godown space of the FCI is not misused for illegal purposes, this Court deems it expedient to direct the General Manager (Region), Respondent no.3 to consider the contents of the allegation petition dated 30.3.2009, Annexure-9, the contents of the Outward Gate Pass contained in Annexure- 14, the report dated 6.5.2009, Annexure-15, the report of the Executive Director dated 12.3.2008, Annexure-D to the counter affidavit as also other connected material received - 4 - against M/s Manoj Kumar, Sukhdeo Paswan, petitioner and others and thereafter issue comprehensive request asking the competent authority of C.B.I. to enquire into the allegation of illegal use of godown space in the Gaya and Sasaram area of the Bihar Region and if the allegations are found true, to register a case, copy whereof be also forwarded to this Court. The enquiry be completed within a reasonable time, in any case within six months from the date of receipt of a copy of this order. 6. It is made clear that in the event, petitioner is absolved in the enquiry made in the light of this order then he should be brought back to Bihar region. 7. With the aforesaid direction and observation, the writ application is disposed of. Arjun/ (V.N. Sinha, J.)