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Patna High CourtCWJC/22517/2013disposed

Mahipat Ram v. The Food Corporation Of India And ORS

2023-06-22Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22517 of 2013 ====================================================== Mahipat Ram S/O Ram Khelaban Ram, Resident Of Village- Loma, Police Station- Tisiauta, District- Vaishali.

... ... Petitioner/s

Versus

1.

The Food Corporation Of India through its General Manager Food Corporation of India, Regional Officer, Exhibition Road, Patna-80001. 2.

The General Manager, Food Corporation Of India, Regional Office, Exhibition Road, Patna.

3.

The Executive Director (East Zone) Food Corporation Of India, 10A, Middleton Row Kolkata- 71 W.B 4.

The Area Manager, Food Corporation Of India, District Office, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nirmal Kumar, Advocate For the FCI :

Mr.Prabhakar Tekriwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-06-2023 The present writ petition has been filed seeking the following relief:- "That this is an application for issuance of a writ in the nature of certiorari to quash the order dated 30.8.2006 by which the Respondents imposed the penalty of recovery of Rs.50,000.00 with-holding of two increments of pay for the year 2007 and 2008 and also quashed the order dated 27.10.08 by which the

Patna High Court CWJC No.22517 of 2013(2) dt.22-06-2023 2/3 appellant authority has affirmed the order dated 30.8.2006 passed by the disciplinary authority in most arbitrary manner when the punishment is major in nature and during the physical verification the petitioner has not taken over the charge of Shed No.6 (Depot) and without initiating the departmental proceeding punishment has been imposed and/or any other appropriate writ or writs on which the petitioner is entitled for relief as per Food Corporation of India Regulation Act/Rule which is admissible to the petitioner and not to interfering with the said deducted amount and withhold of two increments of pay for the year 2007 and 2008 and pay the said amount with statutory interest and cost of writ application save and except in accordance with the law."

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondent-authorities for redressal of his subsisting grievances, if any.

Patna High Court CWJC No.22517 of 2013(2) dt.22-06-2023 3/3 Liberty, so sought, is granted.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) kanchan/- U