Case: Nahar Singh Vs. Food Corporation of India &amp; Others

3. Appellant was an Assistant Grade-III (AG-III) in one of the Food Storage Depots of Food Corporation of India. 295 bags of wheat and 195 bags BTB Class gunny bags were found missing when special physical verification was conducted by the physical verification squad during the period 7.1.1980 and 22.1.1980.4. One Bhoop Singh was the unit in-charge of the godown. Appellant, Rattan Singh and one Kunwar Singh were working thereat as the Assistant Grades Clerk. Shortages in the said depots were suspected. The godowns were sealed. Physical verifications were made by Physical Verification Squad (PVS). Stock checking exercises were carried out in the said godown during the period 7.1.1980 to 22.1.1980. 295 bags of wheat and 195 bags of gunnies in Unit No.1 of which Bhoop Singh was the in-charge, were found short. The contents of the vigilance report were verified by one Shri Panchhi. Apart from Bhoop Singh, Nahar Singh and Kunwar Singh were posted there. Shortages and excesses were found in 12 stacks of wheat. The total shortages were found to be 295 bags of wheat and the excess amounted to 11 bags only. Whereas shortages were found on the top layers of the stacks which were not visible from the ground, except Stack No.4/16 and 1/11, which were from partly used stacks.5. Disciplinary proceedings were initiated against the aforementioned Bhoop Singh and others. The imputation of charges drawn against the appellant were on the basis of the report of the said inspection carried out by the vigilance department as also the one submitted by Shri I.D. Nautial, Assistant Manager (Vigilance) containing compilation of the statements made by the entire staff of the Food Storage Depot, Sahibabad. Appellant was found guilty of the charges on the basis of the report of the enquiry officer which was submitted before the disciplinary authority. The disciplinary authority, by an order dated 18.4.1986 imposed the penalty of compulsory retirement from services of the Corporation. A departmental appeal preferred there against was dismissed by the Appellate Authority in September 1986. A review application filed there against was also dismissed on 22.11.1987.6. Appellant thereafter filed a writ petition before the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow which by reason of the impugned judgment dated 17.5.2005 has been dismissed.

Court's reasoning:
13. It was concluded that the appellant was also responsible for shortages of 295 bags of wheat. It is, therefore, not correct to contend that the appellant had nothing to do with the shortages of wheat. His conduct during the raid, as also the manner in which the shortages have occurred, clearly go to show that without his active support, Bhoop Singh alone could not have caused the said misconduct.14. We, therefore, are of the opinion that the report of the enquiry officer cannot be said to be perverse or unreasonable. Furthermore, the order of the disciplinary authority has been affirmed by the appellate authority. A review petition filed by the appellant has also been dismissed by the appropriate authority. The High Court also, by reason of the impugned judgment, has also rightly refused to interfere in the matter.