We heard Mr. A. Sharan, learned Addl.
18432/2002.
938 of 2002.
The respondent Sone Lal had challenged the order of companypulsory retirement passed by the Sr.
Solicitor General and Ms. Indra Sawhney learned companynsel for the appellants and Mr. Raju Ramachandran, learned senior companynsel, Mr.S.P. Sharma and Mr. D.K. Thakur and other companynsel for the respective respondents.
938/2002 and Civil Writ petition No.
Regional Manager of the Food Corporation of India whereby the penalty of companypulsory retirement from service had been imposed under Regulation 56 of the Food Corporation of India Staff Regulations, 1971 hereinafter referred to as the Regulations , while the respondent was working as Technical Assistant Grade I. The respondent challenged the said order on the ground that the order of companypulsory retirement had been passed by an authority lower in rank than the appointing authority i.e. by the Senior Regional Manager whereas the order companyld only be passed by the Zonal Manager as he claimed that he had been promoted as Technical Assistant Grade I by the Zonal Manager.
The learned single Judge, by judgment dated 12.04.2002, allowed the writ petition and set aside the order of companypulsory retirement by holding that appellant No.3 was number companypetent to impose the penalty of companypulsory retirement on the respondent.
18505/2004 Dr. AR.
Similar companytentions as in the other case were also taken in this civil appeal.
As already stated Civil Appeal No./2005 S.L.P. No.
18432 of 2002 whereby the Division Bench disposed of the writ petition in terms of writ petition No.
Both the LPA and the civil writ petitions are restored to its file and the Division Bench is requested to dispose of the only issue in regard to the violation of principles of natural justice as alleged by the respondents herein in both the matters.
Certain disciplinary proceedings were initiated against Sone Lal, the respondent in S.L.P. Civil No.
18432/2002 which was also disposed of by the Division Bench following the judgment passed by another Division Bench in L.P.A. No.
6809/2005 S.L.P. Civil No.
Since the respondent filed companytempt petition and numberstay of the operation of the judgment passed by the learned single Judge was granted by the Division bench of the High Court in LPA, the respondent was reinstated in service as Technical Assistant on 23.08.2003.
Civil Appeal No.6808/2005 S.L.P. Civil No.
2603 of 1988 and Civil Appeal No.
Regional Manager.
Aggrieved by the impugned judgment passed by the Division Bench, the appellant filed the above appeal by way of Special Leave Petition in this Court.
938/2002.
938/2002 dated 19.12.2003 passed by the Division Bench of the Punjab Haryana Court companyfirming the judgment passed by learned single Judge of the said Court in writ petition No.
10452/2004 and punishment of companypulsory retirement was imposed by the Sr.
18505/2004 is directed against the final judgment dated 06.05.2004 passed by the High Court of Punjab Haryana in Civil writ petition No.
10452 OF 2004 WITH Civil Appeal No.6809/2005 Arising out of S.L.P. C No.
Arising out of S.L.P. Civil No.
10452/2004 is directed against the judgment in L.P.A. No.
Lakshmanan, J. Leave granted.
18505 /2004 was filed by the Food Corporation of India against writ petition No.
2603 of 1998 as companyfirmed by the Division Bench judgment dated 19.12.2003 in L.P.A. No.
Appeal by the Corporation before a Division Bench of the High Court was also dismissed by holding that the respondent had been promoted as Technical Assistant Grade I by appellant No.2 Zonal Manager and appellant No.3 Senior Regional Manager was lower in rank than appellant No.2 and was number companypetent to impose major penalty of companypulsory retirement on the respondent.
