Page No.# 1/11 GAHC010262862024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3952/2024 FOOD COPORATION OF INDIA AND 8 ORS REPRESENTED BY CHAIRMAN CUM MANAGING DIRECTOR, 16-20, BARAKKHAMBA LANE, NEW DELHI- 110001. 2: EXECUTIVE DIRECTOR NORTH EAST ZONE FOOD CORPORATION OF INDIA G.L. PUBLICATION BUILDING G.S. ROAD GUWAHATI- 781008. 3: GENERAL MANAGER FOOD CORPORATION OF INDIA REGIONAL OFFICE ASSAM PALTAN BAZAR GUWAHATI- 781008. 4: DIVISIONAL MANAGER FOOD CORPORATION OF INDIA ULUBARI MITRA BUILDING GUWAHATI- 781007. 5: DIVISIONAL MANAGAR FOOD CORPORATION OF INDIA A.T. ROAD HAIBORGAON NAGAON PIN- 782002. Page No.# 2/11 6: MANAGER ACCOUNTS FOOD CORPORATION OF INDIA ULUBARI MITRA BUILDING GUWAHATI- 781007. 7: MANAGER ACCOUNTS FOOD CORPORATION OF INDIA A.T. ROAD HAIBORGAON NAGAON PIN- 782002. 8: MANAGER (IR) FOOD CORPORATION OF INDIA ULUBARI MITRA BUILDING GUWAHATI- 781007. 9: MANAGER DEPOT FOOD STORAGE DEPOT NEW GUWAHATI BAMUNIMAIDAM GUWAHATI- 781021 VERSUS BINDESWARI SINGH AND 11 ORS REPRESENTED BY CHAIRMAN CUM MANAGING DIRECTOR, 16-20, BARAKKHAMBA LANE, NEW DELHI- 110001. 2:NAWAL SAH SON OF LATE KAMAL SAH RESIDENT OF VILLAGE- SUNCHALI BILPAR HOUSE NO. 46 NOONMATI GUWAHATI-20. 3:RADHE MAHATO Page No.# 3/11 SON OF BAJRANGI MAHATO RESIDENT OF SANKAR NAGAR LAST GATE HOUSE NO. 2 P.O- NOONMATI DISTRICT- KAMRUP GUWAHATI-20 ASSAM. 4:RAM CHALITRA YADAV SON OF SHIV NANDAN YADAV RESIDENT OF BISHNU RAVA NAGAR HOUSE NO. 5 NOONMATI GUWAHATI- 781020. 5:JIBACH SAHANI SON OF PRADIP SAHANI RESIDENT OF GANESHMANDIR SHIVAM PATH BYE LANE NO. 3 HOUSE NO. 9 P.O.- NOONMATI GUWAHATI- 781020 ASSAM. 6:SULENDRA KR. SAHANI SON OF LATE ANANDI SAHANI RESIDENT OF BISNU RAVA NAGAR HOUSE NO. 18 P.O.- NOONMATI GUWAHATI- 781020 ASSAM. 7:RAM ISWAR KUMAR SON OF RADHEY RAY Page No.# 4/11 RESIDENT OF JANTA NAGAR HOUSE NO. 15 P.O.- NOONMATI DISTRICT- KAMRUP GUWAHATI- 781020 ASSAM. 8:ARVIND KUMAR SAHANI SON OF ANUPLAL SAHANI RESIDENT OF 6 NO. RAILWAY GATE HOUSE NO. 144 P.O.- BAMUNIMAIDAM DISTRICT- KAMRUP GUWAHATI- 781021 ASSAM. 9:DILIP KUMAR YADAV SON OF RAMU YADAV RESIDENT OF BISHNU RAVA NAGAR NOONMATI GUWAHATI- 781020 ASSAM. 10:SHIV SHANKAR SHARMA SON OF MATUKDEV SARMA RESIDENT OF VILLAGE- SAHANKAR NAGAR HOUSE NO. 33 P.O.- NOONMATI DISTRICT- KAMRUP GUWAHATI- 781020 ASSAM. 11:DIPLAL SAH SON OF MAHINDRA SAH Page No.# 5/11 RESIDENT OF BISHNU RAVA NAGAR HOUSE NO. 22 P.O.- NOONMATI GUWAHATI- 781020 ASSAM. 12:RANJIT KUMAR RAY SON OF RAMDEO RAY RESIDENT OF GANESH MANDIR PATH BYE LANE-3 SHIVAM PATH HOUSE NO.- 30 P.O.- NOONMATI GUWAHATI- 781020 ASSAM Advocate for the Petitioner : SC, F C I, MR. S K CHAKRABORTY,MR A CHAKRABORTY Advocate for the Respondent : MR A DASGUPTA, MS B DAS Linked Case : WP(C)/1223/2023 BINDESWARI SINGH AND 11 ORS SON OF JHARI LAL SINGH RESIDENT OF KARBI NAGAR HOUSE NO. 10 BAMUNIMAIDAM GUWAHATI-21. 2: NAWAL SAH SON OF LATE KAMAL SAH RESIDENT OF VILLAGE- SUNCHALI BILPAR HOUSE NO. 46 Page No.# 6/11 NOONMATI GUWAHATI-20. 3: RADHE MAHATO SON OF BAJRANGI MAHATO RESIDENT OF SANKAR NAGAR LAST GATE HOUSE NO. 2 P.O- NOONMATI DISTRICT- KAMRUP GUWAHATI-20 ASSAM. 4: RAM CHALITRA YADAV SON OF SHIV NANDAN YADAV RESIDENT OF BISHNU RAVA NAGAR HOUSE NO. 5 NOONMATI GUWAHATI- 781020. 5: JIBACH SAHANI SON OF PRADIP SAHANI RESIDENT OF GANESHMANDIR SHIVAM PATH BYE LANE NO. 3 HOUSE NO. 9 P.O.- NOONMATI GUWAHATI- 781020 ASSAM. 6: SULENDRA KR. SAHANI SON OF LATE ANANDI SAHANI RESIDENT OF BISNU RAVA NAGAR HOUSE NO. 18 P.O.- NOONMATI GUWAHATI- 781020 Page No.# 7/11 ASSAM. 7: RAM ISWAR KUMAR SON OF RADHEY RAY RESIDENT OF JANTA NAGAR HOUSE NO. 15 P.O.- NOONMATI DISTRICT- KAMRUP GUWAHATI- 781020 ASSAM. 8: ARVIND KUMAR SAHANI SON OF ANUPLAL SAHANI RESIDENT OF 6 NO. RAILWAY GATE HOUSE NO. 144 P.O.- BAMUNIMAIDAM DISTRICT- KAMRUP GUWAHATI- 781021 ASSAM. 9: DILIP KUMAR YADAV SON OF RAMU YADAV RESIDENT OF BISHNU RAVA NAGAR NOONMATI GUWAHATI- 781020 ASSAM. 10: SHIV SHANKAR SHARMA SON OF MATUKDEV SARMA RESIDENT OF VILLAGE- SAHANKAR NAGAR HOUSE NO. 33 P.O.- NOONMATI DISTRICT- KAMRUP GUWAHATI- 781020 Page No.# 8/11 ASSAM. 11: DIPLAL SAH SON OF MAHINDRA SAH RESIDENT OF BISHNU RAVA NAGAR HOUSE NO. 22 P.O.- NOONMATI GUWAHATI- 781020 ASSAM. 12: RANJIT KUMAR RAY SON OF RAMDEO RAY RESIDENT OF GANESH MANDIR PATH BYE LANE-3 SHIVAM PATH HOUSE NO.- 30 P.O.- NOONMATI GUWAHATI- 781020 ASSAM. VERSUS FOOD COPORATION OF INDIA AND 8 ORS REPRESENTED BY CHAIRMAN CUM MANAGING DIRECTOR 16-20 BARAKKHAMBA LANE NEW DELHI- 110001. 2:EXECUTIVE DIRECTOR NORTH EAST ZONE FOOD CORPORATION OF INDIA G.L. PUBLICATION BUILDING G.S. ROAD GUWAHATI- 781008. 3:GENERAL MANAGER FOOD CORPORATION OF INDIA REGIONAL OFFICE ASSAM PALTAN BAZAR Page No.# 9/11 GUWAHATI- 781008. 4:DIVISIONAL MANAGER FOOD CORPORATION OF INDIA ULUBARI MITRA BUILDING GUWAHATI- 781007. 5:DIVISIONAL MANAGAR FOOD CORPORATION OF INDIA A.T. ROAD HAIBORGAON NAGAON PIN- 782002. 6:MANAGER ACCOUNTS FOOD CORPORATION OF INDIA ULUBARI MITRA BUILDING GUWAHATI- 781007. 7:MANAGER ACCOUNTS FOOD CORPORATION OF INDIA A.T. ROAD HAIBORGAON NAGAON PIN- 782002. 8:MANAGER (IR) FOOD CORPORATION OF INDIA ULUBARI MITRA BUILDING GUWAHATI- 781007. 9:MANAGER DEPOT FOOD STORAGE DEPOT NEW GUWAHATI BAMUNIMAIDAM GUWAHATI- 781021. ------------ Advocate for : MR A DASGUPTA Advocate for : SC Page No.# 10/11 F C I appearing for FOOD COPORATION OF INDIA AND 8 ORS BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER 02.04.2025 Heard Mr. A. Dasgupta, learned senior counsel assisted by Ms. B. Das, learned counsel for the writ petitioners. Also heard Mr. P. K. Roy, learned senior counsel assisted by Mr. S. K. Chakraborty, learned counsel appearing for the respondents (FCI) in the writ petition and the applicants in I.A.(Civil) No.3952/2024. In the present writ petition the order dated 29.01.2021, by means of which, recovery of certain amount was made from the salary of the writ petitioners, has been assailed on the ground that the recovery was not preceded by a proper enquiry so as to establish the culpability of the writ petitioners. Mr. Roy, learned senior counsel for the applicants/respondent FCI submits that similar orders were assailed by several other employees of the FCI by filing other writ petitions and this Court after considering the submissions made by both sides, had passed order dated 25.08.2021 in WP(C) No.2281/2021 granting liberty to the FCI to conduct a proper departmental enquiry by serving notice upon the officials and thereafter, pass an order in accordance with law. Mr. Roy, therefore, submits that this writ petition can also be disposed of in similar lines after granting liberty to the FCI authorities to conduct a fresh enquiry and pass necessary orders based on the findings of the enquiry proceeding. Mr. Dasgupta, learned senior counsel for the writ petitioners is agreeable Page No.# 11/11 to such an order. He, however, submits that in case liberty for conducting a fresh enquiry is granted to the department by this Court, the amount so deducted be refunded in the accounts of his clients and only thereafter, such enquiry be conducted. The submission of Mr. Dasgupta appears to be fair and reasonable. At the same time, the request made by Mr. Roy, learned senior counsel for the applicants is also found to be logical in view of the orders dated 25.08.2021 passed by this Court. Although the order dated 25.08.2021 does not lay down any binding precedent for this Court to follow, yet, the view expressed by a coordinate Bench in the order dated 25.08.2021 will have to be followed by this Court to the extent the same applies to the facts of this case. In view of the above, this writ petition as well as the I.A. are being disposed of by setting aside the impugned order dated 29.01.2021 qua the writ petitioners. Consequently, the respondents are directed to refund the excess amount already recovered from the salary/wages of the writ petitioners. Subject to such refund, the respondents (FCI) authorities would be at liberty to initiate appropriate departmental enquiry against the writ petitioners and thereafter pass such order in accordance with law as may be permissible in the facts of each case. With the above observation, the I.A. as well as the writ petition stand disposed of. JUDGE Comparing Assistant