“This appeal has been preferred by the appellants praying for setting aside judgment dated 22.07.2013 passed by the learned Single Judge in CWP No.13752 of 2011 whereby punishment order dated 31.03.2006 has been set aside to a limited extent i.e. minor penalty of recovery, on the ground that major and minor penalty could not be imposed simultaneously and ordered refund of recovered amount within three months, failing which the respondent would be entitled to recover the same with interest @ 8% per annum from the date of recovery till the date of payment. Brief facts of the case are that respondent Malkiat Singh joined the appellant Corporation on 13.06.1979 as Assistant Grade - III (Depot). He was subsequently promoted to the post of Assistant Grade - II (Depot). In the year 1999, he was posted as Assistant Grade - II (Depot) at Rampuraphool Centre, to work in the field and assist one Amarjit Singh, Assistant Grade I (Depot), for receipt/storage/issue of food grains. The respondent requested the concerned authorities not to appoint him in the field, he being handicap and unable to manage the field operations, but his request was not considered by the authorities. Be that as it may, a memorandum dated 16.03.2005 was served upon the respondent, under Regulation 58 of FCI (Staff) Regulations, 1971 (for short, 'Regulations, 1971'), for negligent conduct, laxity/carelessness in performance of his official duties and misappropriation of paddy stock to the extent, detected by the Committee at Rampuraphool, during the year 1999-2000, being custodian of the stocks. The Inquiry Officer, after conclusion of inquiry, declared the charges as proved against the respondent. Consequently, the Punishing Authority, passed an order dated 31.03.2006 and imposed the penalty of compulsory retirement from service and recovery of 2.5 lac. Statutory appeal filed by the respondent against the punishment order was also dismissed by the Appellate Authority vide order dated 28/29.09.2006. Thereafter, review petition was also rejected vide order dated 09.07.2010.
