MARKFED Punishment & Appeal Rules, 1990, Rules 6, 10, 12(ii), 12(iii) — Dispensing with regular inquiry — Managing Director recorded specific reasons founded on petitioner’s own signatures on physical verification reports acknowledging massive shortage and on resultant financial loss to MARKFED - Invocation of R.12(ii)/(iii)...
MARKFED Punishment & Appeal Rules, 1990, Rules 6, 10, 12(ii), 12(iii) — Dispensing with regular inquiry - Shortage of 21,973 bags of wheat - MD, was on spot and best placed to assess prevalling situation - Petitioner himself had signed physical verification report acknowledging shortage...
Natural justice — “Useless formality” exception — Where on admitted or indisputable facts only one conclusion is possible and under law only one consequence can follow, non-observance of principles of natural justice would not vitiate action since compliance thereof would have made no difference whatsoever....
MARKFED Punishment & Appeal Rules, 1990, Rules 6, 10, 12(ii), 12(iii) — Dispensing with regular inquiry - Petitioner being joint custodian of stock had signed physical verification report which unequivocally recorded massive shortage of 21,973 bags - The facts are not disputed requiring adjucation through...
Service — Evidence/Admissions — Signature on physical verification report — Physical verification conducted in petitioner presence and petitioner’s signatures verification report recording shortage of 21,973 bags constituted clear and binding admission of factual position, obviating need for a long-drawn evidentiary inquiry and justifying resort to...
MARKFED Punishment & Appeal Rules, 1990, Rules 6, 10, 12(ii), 12(iii) — Dispensing with regular inquiry — Shortage of 21,973 wheat bags - Physical verification conducted in petitioner presence and petitioner’s signatures on verification report - Movement of more than over 10,986 quintals would necessarily...
Service - Criminal trial vs departmental proceedings - Standard of proof in criminal trial is "proof beyond reasonable doubt" whereas in departmental proceedings "preponderance of probability" - Petitioner as branch incharges and joint custodian cannot abdicate his responsibility by placing entire blame on co-custodian nor...
MARKFED Punishment & Appeal Rules, 1990, Rules 6, 10, 12(ii), 12(iii) — Dispensing with regular inquiry — Shortage of 21,973 wheat bags - Physical verification conducted in June during petitioner's tenure shows no shortage - Shortage of 21,973 bargs surfaced barely 3 months later again...
Service - Proportionality of punishment - Shortage of 21,973 wheat bags - Petitioner participated in stock verfication and signed physical verfication report - Shortage cannot be dismissed as minor irregularity - It is a case of gross negligence, if not outright embezzlement, causing immense finanical...
