LexNAHAR SINGH versus FOOD CORPORATION OF INDIA & ORS.
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[2008] 5 S.C.R. 727 NAHAR SINGH v . . FOOD CORPORATION OF INDIA & ORS. (Review Petition (C) No. 285 of 2007 IN Civil Appeal No. 2273 of 2008) ,• '' MARCH 31, 2008 ' (S.B. SINHA AND MARKANDEY KAT JU, JJ.) Service Law: A B c Disciplinary proceedings - Misconduct - Penalty of compulsory retirement- Delinquent being an Assistant Grades Clerk in a wheat godown of FCI - Shortage of stock detected - HELD: Report of Inquiry Officer that delinquent was responsible for shortage, cannot be said to be perverse or o unreasonable - All the authorities having affirmed the finding, ! High Court rightly refused to interfere with the same - No case made out to take a different view - Constitution of India, 1950 - Articles 136 and 226. -) The appellant was an Assistant Grades Clerk in one E of the godowns of the respondent-Food Corporation of India. On a checking of the said godown, inter alia, 295 bags of wheat were found short. Disciplinary proceedings were initiated, besides the In-charge of the godown, against the appellant and two others. The inquiry officer F found the appellant guilty of the charges. The disciplinary authority imposed upon him the penalty of compulsory retirement. The departmental appeal, the review application and the writ petition of the appellant having been dismissed, he filed an appeal by special leave, which was dismissed for non-prosecution. However, the review G petition filed by the appellant was entertained and the appeal was heard on merits. It was contended for the appellant that in the 727 H 728 SUPREME COURT REPORTS [2008] 5 S.C.R. A departmental proceedings only the In-charge of the godown was found responsible for the shortage; and the appellant was proceeded against only on surmises and conjectures and, therefore, the order passed by the disciplinary authority without application of mind was B liable to be set aside. Dismissing the appeal, the Court HELD: It is not correct to say that the appellant had nothing to do with the shortages of wheat. It was c concluded by the inquiry officer that the appellant was also responsible for shortages of 295 bags of wheat. His conduct during the raid, as also the manner in which the shortages had occurred, clearly go to show that without his active support, the In-charge alone could not have D caused the said misconduct. 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 E appropriate authority. The High Court also has rightly refused to interfere in the matter. Keeping in view the materials on record, no case has been made out to differ with the said findings. [para 13-15] [732-G-H; 733-A-C] .CIVIL APPELLATE JURISDICTION : Review Petition F No. 285 of 2007 IN Civil Appeal No. 2273 of 2008. P.N. Mishra, S.P. Sharma for the Appellant. G Ajit Pudussery for the Respondents. The Judgment of the Court was delivered by S.S. SINHA, J. 1 Order dated 12.2.2007 is recalled. i - H 2. Leave granted. NAHAR SINGH v. FOOD CORPORATION OF !NOIA & 729 ORS. [S.S. SINHA, J] ~ 3. Appellant was an Assistant Grade-Ill (AG-Ill) in one of A the Food Storage Depots of Food Corporation of India. 295 bags of wheat and 195 bags BTS 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. B 4. One Shoop 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). c 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 D ) Shri Panchhi. Apart from Shoop 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 ofwheat and the excess amounted to 11 bags only. E Whereas shortages were found on the top layers of the stacks which were not visible from t
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