Mohd. Zahid Ali v. The Food Corporation of India
Case brief
What is this about?
A single judge disposed of the present writ petition by holding that since the petitioners stand on an identical footing to those in an earlier settlement, the grievance is settled. The court ruled that the action of recovering Composite D.A. without notice violates natural justice, though recovery is permitted via notice after opportunity.
What the court decided
THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR
WRIT PETITION NO.19315 OF 2000
ORDER:
Both the learned counsel represented that in similar circumstances, this Court, based on the earlier orders passed in W.P.No.15826 of 2000 dated 02.12.2010, by order dated 27.08.2011 in W.P.No.16610 of 2000, held as under.
“As the petitioners herein stand on an identical footing to the petitioners in W.P.No.15826 of 2000 and their grievance, on principle, stands settled by the earlier adjudication of this Court in the said Writ Petition, this Writ Petition is disposed of, for reasons alike, holding that the action of the Food Corporation of India in recovering the amounts paid towards Composite D.A. without due notice and opportunity to the petitioners is violative of the principles of the natural justice and is consequently illegal. It shall however be open to the Food Corporation of India to issue notices proposing recoveries, if any, subject to just exceptions, call for an explanation/response from the affected employees/petitioners and pass appropriate orders thereon in accordance with law. No order as to costs.”
Following the same, the present Writ Petition stands disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.
___________________ (B.CHANDRA KUMAR, J)
17th June 2013 RRB
Issues for consideration
2 issues framed by the court
Whether the present writ petition stands disposed of based on the settled principles established in the earlier order W.P.No.15826 of 2000 regarding the violation of natural justice by the Food Corpor
Whether the Food Corporation of India can issue notices for recovery only after giving affected employees an opportunity to explain and response.
Parties & counsel
- petitioner
Petitioners
- respondent
Food Corporation of India
Coram
B.CHANDRA KUMAR
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · June
- Registered
- Case no.
- WP/19315/2000
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