Subhash Chander Gupta Vs State of Haryana and Others

The present writ petition has b een filed under Article 226/2 2 7 of the Con s titution of India with a prayer f o r issuance of an appropriate w r it or order in the nature of certiorari for qua s hing the order dated 09.12.20 2 0 (Annexure P-1) passed by the appellate a u thority (Board of Administrato r s of respond e nt No.2/Corporation), vide w h ich the appeal preferred by t h e n petitioner a gainst the order dated 02.07. 2 018 (Annexure P-2) has be e dismissed. Further praying for quashin g the order dated 02.07.2018 (Annexure P-2) passed by respondent No.3 vide which show cause noti c e dated 19.1. 2 018 has been confirmed and recovery of alleged loss to the tu n e

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of Rs.10,6 3 ,329/- has been confirmed a g ainst the petitioner. Further f o r issuance o f a writ in the nature of manda m us directing the respondents t o release the r etiral benefits belonging to pet i tioner, which have been wrong l y withheld al o ng with interest from the date o f retirement till the date of actu a l payment.

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Learned counsel for the petitioner, inter alia , submits that t h e petitioner r e tired from the service of the F e deration on 28.02.2018. Prior t o his retirem e nt, on 23.12.2016, he was ser v ed with a charge-sheet allegi n g that he ha d caused financial loss to the F e deration on account of less ga i n during the c rop year 2012–13 at the Ada m pur and Hisar purchase centre s . During the course of the disciplinary pro c eedings, the petitioner’s liabili t y was asses s ed at 20%, quantified at R s.10,63,329/-. The proceedin g s thereafter c u lminated in an order dated 02. 0 7.2018 (Annexure P-2), where b y respondent No.3 affirmed the show-c a use notice dated 19.01.2018 (Annexure P-5) and held the petitioner r esponsible for the alleged lo s s caused to r e spondent No.2 owing to his n e gligence. Aggrieved by the sa i d n order, the p etitioner preferred a statutory appeal, which was dismissed o 09.12.2020 (Annexure P-1). Learned counsel further submits that the case o f n the petition e r is squarely covered by the ju d gments rendered by this Court i CWP-26704-2015 and connected matter, Ram Sawrup Vs State of Haryana and others , decided on 10.07. 2 019, wherein the charge shee t s were quashed because there were no norm s fixed for showing any less ga i n in the moi s ture and CWP-27725-2013 & connected cases Punjab State

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Warehousing Corporation Field Employees Union Versus Union of India

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& others , decided on 14.05.2025, wherein it was held as under:

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“….. T he question which is put befo r e this Court for determination i s whet h er the policy/standard operati n g process dated 22.10.2021 a n d lette r dated 30.05.2022, which h a ve been framed by the Sta t e Gov e rnment on the advice of the ex p erts and by associating vario u s Foo d Agencies, are to be made ap p licable prospectively or not a n d whet h er any dispute pending betwee n the employees and the agenci e s or b e tween the Food Agencies on th e issue of weight gain on the da t e of is s ue of the said policies, the sam e needs to be decided on the bas i s of th e said policies or not. 13. T he issue has to be understo o d while keeping in mind th a t scientific reasons have been given w hile forming the said policy q u a the a s pect as to how the food grains are to be stored and what nor m s are t o be made applicable to assess the weight gain/loss at the ti m e whe n the food grain is lifted. The sai d issue is a scientific one and h a s been dealt with by the experts of ICAR. On the recommendation of t h e expe r ts, the policy/standard operati n g process dated 22.10.2021 a n d lette r 30.05.2022 have been frame d by the Government of Indi a . Onc e , the said issue has been scie n tifically decided and policy h a s been issued on the basis of the said s cientific recommendations ma d e to th e Government, the said policy h as to be made applicable on all the p ending issues existing either b e tween the employees and Fo o d agen c ies or inter se between the fo o d agencies on the date when t h e policies have been issued by the G o vernment of India. It cannot b e said that the issues which were pending when the policy w a s publ i shed are to be dealt with accor d ing to the old policy whereas, t h e sam e issues which arose after the fo r ming of said new policies whi c h also concerns the weight gain/loss w hile storing food grains is to b e dealt by keeping in mind the newly f ormed policy/standard operati n g proc e ss dated 22.10.2021 and letter d ated 30.05.2022.

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14. The scientific nature of the w e ight gain/loss in the food gra i n duri n g storage remains the same eve n prior to the issuance of the sa i d polic y and is a factual aspect and no t a policy aspect therefore, all t h e pend i ng disputes inter se between t he Food Agencies including t h e Foo d Corporation of India and other Food Agencies of t h e Gov e rnment of Punjab are to be dea l t with as per the policy/standa r d oper a ting process dated 22.10.2021. 15. Further, in case the policy d ated 22.10.2021 issued by t h e Gov e rnment of India is only made applicable prospectively, it w i ll caus e discrimination between the s imilarly situated employees. A n empl o yee, who was the incharge of the storing the food grain up t o 21.1 0 .2021 under the similar circum s tances will be dealt in a differe n t man n er whereas, the same employe e or the employee discharging t h e sam e duties facing allegations on th e similar facts qua the same fo o d grai n stored but lifted after 21.10. 2 021 will be dealt in a differe n t man n er such a scenario which will o nly cause prejudice between t h e simil a rly situated employees. The p r ejudice needs to be removed a s ther e is no scientific basis to adopt the said cut off date to treat t h e polic y dated 21.10.2021 prospectivel y .

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16. The nexus sought to be achiev e d by the policy dated 22.10.20 2 1 is to be determine the weight gain/l o ss of the food grains while bei n g store d , which aspect remains the sa m e even prior to 21.10.2021 and even after issuance of policy dated 2 2 .10.2021. By using the norms s e t by t h e policy to address the issue of weight gain/loss of the fo o d grai n s stored and taking two differe n t decision on the same issue b y adopting the said policy prospectiv e ly will be arbitrary and illeg a l and w ill be discriminatory and cann o t be sustained. 17. Further, it is not the case that vide policy dated 22.10.2021 a n y bene f it which existed was enhanced or reduced. The factual aspec t s have been established, which need to be taken into considerati o n whil e deciding the issue of weight g ain/loss of the food grain stor e d henc e , implementing the norms set by policy dated 22.10.2021 a n d

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takin g it as a cut off date so as to i mplement it prospectively is n o t corr e ct as it would amount to exclud i ng the employees, who were al s o facin g similar allegations and who s e dispute arose before the sa i d polic y , whereas issue faced by them is already covered by the poli c y date d 21.10.2021.

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18. It has been brought to the n o tice of this Court that the Fo o d Corporation of India raised the obj e ction with regard to the certa i n weig h t gain/shortage in the food g r ains during the time they we r e store d and lifted without even controverting the same, the sa i d obje c tions were accepted by the Foo d Agencies of the State of Punj a b and t he said allegations were being p assed upon the employees of t h e food agencies to hold them guilty of the said objections so as t o puni s h them.

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19. It is directed that any dispu t e pending consideration on t h e alleg a tions for which emplo y ee faced various char g e shee t s/punishment on the said issu e are also to be decided on t h e basis of the policy/standard operati n g process dated 22.10.2021 a n d lette r dated 30.05.2022, which has b een framed after due inputs b y the e x perts on the issue of the weig h t gain by the food grains duri n g the s t orage. The said policy will be m ade applicable for all intent a n d purp o ses on the issue which are pending consideration inter s e betw e en food agency i.e. Food Corp o ration of India as well as by t h e vari o us Food Agencies of the Gover n ment of Punjab as well as up o n the c laim being raised by the em p loyees wherein they have be e n alleg e d to have misconducted thems e lves qua the aspect of the weig h t gain / loss in the food grains during t he time they were stored or a n y puni s hment, which may have been i m posed upon them which has still not attained finality. The non-attaini n g of finality of the issue betwe e n the p arties means also the penden c y of the writ petitions by su c h empl o yees before this Court, which will also be treated as pendi n g disp u tes so as to give jurisdiction t o such employees to decide t h e

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alleg a tions alleged against them of p unishment imposed to be decid e d in vi e w of the policy dated 22.1 0 .2021.

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20. Keeping in view the facts and circumstance of the present ca s e and t he observations of this Court, it is directed that in case, a n y empl o yee raises any grievance w h o is before this Court, who s e puni s hment or charge sheet has no t attained finality, will be free t o raise his/her objection with regard t o action taken against them q u a the aspect of shortage/the weight g a in/loss in the food grains, whi c h were in the custody of such employ e e with the authorities concern e d by fi ling appropriate representati o n that the allegations alleg e d agai n st them or the allegations acce p ted against them are contrary t o the p olicy, which has been issued b y the Government of India dat e d 22.1 0 .2021 which are to be made ap p licable upon them. 21. In case any such grievanc e is raised by the employe e s conc e rned, the Agency concerned w i ll be under an obligation to lo o k into t he aspect/grievances raised b y such employee in terms of t h e polic y /standard operating proce s s dated 22.10.2021 of t h e Gov e rnment of India and pass an ap p ropriate speaking order wheth e r any a ction/order passed by such ag e ncy needs reconsideration or n o t in vi e w of the policy/standard opera t ing process dated 22.10.2021. I n case, it is found that the objections r aised by the employee concern e d are m eritorious, appropriate decisio n be taken either to withdraw t h e disci p linary proceedings or where punishment orders have be e n pass e d then to suitably modify the punishment order keeping in vie w the fa cts and circumstances of each case in light of the policy i n ques t ion.

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22. Further, with regard to the o bj ections being taken by the Fo o d Corporation of India on the basis o f which the employees have be e n issue d charge sheets or punishment o rders, the said objections of t h e Foo d Corporation of India will also be looked into on the basis of t h e polic y /standard operating process d a ted 22.10.2021 and letter dat e d

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30.0 5 .2022 which have been framed on the basis of the inputs by t h e expe r ts. In case, the objections of the Food Corporation of India a r e vali d in terms of the policy/sta n dard operating process dat e d 22.1 0 .2021 and letter dated 30.05.2 0 22, appropriate decision will b e take n by the Food Agencies of t h e Government of Punjab a n d appr o priate order will be passed o t herwise agencies will be free t o pass appropriate order in light of the policy dated 22.10.2021. I n case, the Food Corporation of India is aggrieved in any manner q u a the n on-acceptance of their claim b y the respective Food Agencie s , they c an avail appropriate remedy b ef ore the appropriate Forum. 23. In case, the Food Agencies d o not accept the objections of t h e Foo d Corporation of India and re j ect the deductions made by t h e Foo d Corporation of India, they will be within their right to claim t h e dedu c ted amount in accordance with law. 24. Further, in some of the petit i ons, there is a challenge to t h e policies/standard operating process d ated 22.10.2021 and letter dat e d 30.0 5 .2022 issued by the Governmen t of India. 25. At the time of hearing, lear n ed counsel for the petitioner( s ) sub m its that the challenge was only q ua whether these policies will b e appl i ed retrospectively or prospectiv e ly, which issue has already be e n clari f ied by this Court by the prese n t order and hence, at this stag e , the s a id claim be treated as not pre s sed with liberty that in case, a n y ambi g uity arises, the petitioner(s) ca n avail appropriate remedy. 26. Further, there are interim or d ers for stay on the punishme n t impo s ed upon the petitioner(s) empl o yees as well as the proceedin g s whic h are being initiated against t h e employees qua the aspect o f weig h t gain/shortage in the food grains stored, which fact has now t o be r e considered in case raised by a n employee concerned hence, a n y empl o yee who raises the objection s with regard to the punishme n t impo s ed or the proceedings initiat e d by placing reliance upon t h e polic y /standard operating process d a ted 22.10.2021 and letter dat e d 30.0 5 .2022, till the said claim is dec i ded by the authorities concerne d ,

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no c o ercive action be taken against t hem. However, after the decisi o n of t h e authorities concerned on such representation, agenci e s conc e rned they will be within th e ir right to get the said ord e r impl e mented.”

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Learned counsel further sub m its that the present petition i s required to be disposed in terms of Ram Sawrup (supra) and Punjab State Warehousing Corporation (supra) being a n identical issue.

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At this stage, learned counsel for the petitioner submits that h e would be satisfied if the present writ peti t ion be treated as comprehensi v e representat i on of the petitioner and is d e cided by respondents/compete n t authority b y passing a speaking order in a time bound manner in terms o f Ram Sawrup (supra) and Punjab State Warehousing Corporation (supra).

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Learned counsel for the resp o ndent(s) are not in a position t o controvert t he fact that the controversy i n the present petition is alrea d y adjudicate d by this Court in Ram Sawrup (supra) and Punjab State Warehousing Corporation (supra) and fur t her submits that the claim of t h e petitioner w ould be considered by passin g a speaking order in accordan c e with law b y respondent(s)/competent aut h ority in terms of Ram Sawrup (supra) and Punjab State Warehousing Corporation (supra).

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Therefore, in view of the su b mission made hereinabove, t h e present wri t petition is disposed of and the respondents/competent authori t y is directed t o treat the writ petition as rep r esentation, considering the clai m of the petit i oner and pass a speaking order in light of Ram Sawrup (supra) and Punjab State Warehousing Corporation (supra), after affording hi m

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an opportu n ity to be heard, within a perio d of 06 months from the date o f receiving a certified copy of this order. F u rther, the decision taken there o f shall be co n veyed to the petitioner. Needle s s to say, if the petitioner is fou n d entitled to the relief sought, the same s h all be granted forthwith by t h e respondent s .

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Pending miscellaneous applic a tion(s), if any, shall also stan d s disposed o f .

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(HARPREET SINGH BRAR) JUDGE November 17, 2025 P.C Whether speakin g /reasoned. : Yes/No Whether Reporta b le. : Yes/No

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Subhash Chander Gupta v. State of Haryana and Others

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Subhash Chander Gupta v. State of Haryana and Others

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