P.Venkatesan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-03-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA and WMP NO. 8890 of 2026 P.Venkatesan S/o. Periyathambi, Manager (Q.C. ) F.C.I. (Retired), No.114, 5th Street, Ganesh Avenue, Sakthi Nagar, Porur, Chennai-600 116 ..Petitioner(s) Vs
1. The Managing Director Food Corporation of India, Head Office, No.16-20, Barakhamba Lane, Khadhyasadan, New Delhi-110001
2. The Executive Director (South) Food Corporation of India, Zonal Office, No.3, Haddows Road, Nungambakkam, Chennai-600 00
3. The General Manager Food Corporation of India, Tamil Nadu Region, Regional Office No.8, Sathyamoorthy Road, Chetpet, Chennai-600 031 ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records relating to the impugned order in FCI HQ-AR019/13/2025-Appeal Review (379951)/120 dated
21.01.2026 on the file of the first respondent and quash the same and consequently direct the first respondent to cancel the two increments cut due for the years 1993 and 1994 with cumulative effect and restore all normal and back wages of the petitioner within the time frame fixed by this Court. For Petitioner(s):
Mr.S.Arokia Mani Raj
ORDER
The petitioner seeks to quash the order dated 21.01.2026 passed by the first respondent and consequently direct the first respondent to cancel two increments cut for the year 1993 and 1994 with cumulative effect. 2.
The case of the petitioner is that he was appointed as Assistant Grade-III (Technical) in the respondents/Corporation through direct recruitment on 31.05.1976 and within three years, he was promoted to the post of Assistant Grade-II (Technical) and in the year 1983, he was promoted to the post of Assistant Grade-I (Technical), in which post, he continued till his retirement. While the petitioner was working as Assistant Grade-I (Technical) at the District Office, Chennai, he was placed under suspension by order dated 06.05.1987 on the ground that a disciplinary proceeding was contemplated against him. A single charge was issued in the charge memo stating that a false room rent receipt for a sum of Rs.1,540/- had been produced by the petitioner,
which was gross negligence and lack of integrity on his part. The Enquiry Officer, without properly appreciating the evidence on record, concluded the charge as proved.
3.
The contention of the petitioner is that he never stayed in the said lodge and despite the evidence being produced in this regard, the Enquiry Officer had concluded the charge to have been proved. Thereafter, based on the said report, the petitioner was dismissed from service on 30.04.1992 against which, he has preferred an appeal before the Appellate Authority. The Appellate Authority set aside the dismissal order, but, imposed two increments cut for the years 1993 and 1994 with cumulative effect. Ultimately, the petitioner retired on 30.06.2011. The petitioner, who was ill, was not able to move around and undertake his normal activities. The petitioner has also shifted his residence from Anna Nagar to Porur and in that process, he had lost his service records. Thereafter, he has preferred a review before the second respondent, who, in turn, directed the petitioner to prefer a review before the first respondent. The said review has been dismissed on the ground that it has been submitted after a period of thirty three years and the same is in question in this writ petition. 4.
Heard the learned counsel on either side.
5.
There is absolutely no explanation on the part of the petitioner with regard to the delay. Admittedly, the petitioner has not challenged the order setting aside the dismissal and imposing increments cut. He has not sought to challenge it, while he was in service and also not taken steps to challenge it immediately on his retirement. The review has been filed in the year 2025 for an order that had been passed on 18.05.1992.
In such view of the matter, I see no reason to interfere with the order of the first respondent. Consequently, this writ petition is dismissed. No costs. Connected W.M.P. is closed.
04-03-2026 Index: Yes/No Speaking/Non-speaking order nsd
To
1. The Managing Director Food Corporation of India, Head Office, No.16-20, Barakhamba Lane, Khadhyasadan, New Delhi-110001
2. The Executive Director (South) Food Corporation of India, Zonal Office, No.3, Haddows Road, Nungambakkam, Chennai-600 00
3. The General Manager Food Corporation of India, Tamil Nadu Region, Regional Office No.8, Sathyamoorthy Road, Chetpet, Chennai-600 031
P.T.ASHA J.
nsd 04-03-2026