HC notice to FCI chief over employee's termination

NEW DELHI DEC. 7 .The Delhi High Court has issued notices to the Chairman of the Food Corporation of India (FCI) and other officials of the Union Government undertaking on a petition by one of its officer challenging his termination from service without giving any reason.

Justice Vijender Jain also stayed the termination order of the Corporation till the next date of hearing on March 19, 2003. The other respondents who were issued notices are the Zonal Manager, FCI, North, and Managing Director, FCI, Delhi.

The petitioner, A. Alagar Swamy, was appointed a Deputy Manager (Technical) in the Zonal Office of FCI here. After completion of his probation, he was posted as Deputy Manager (Quality Control), in the Regional Office, Chandigarh.

However, the Corporation dismissed him from the service on June 6, 2003 under Regulation 15 (3) of the FCI (Staff) Regulation, 1971.

Challenging the termination order, counsel for the petitioner, Surat Singh, submitted that the dismissal of his client was "unjust', unreasonable and arbitrary.

He submitted said that the FCI regulation says that an employee of the Corporation could be dismissed from the service without giving any reason for that only during his probation period.

Dr. Singh said that the Corporation's dismissal order gave no reason while terminating his client which was violative of Articles 14, 16, 19 and 21 of the Constitution.

The petitioner's contention was that when on completion of his one-year probation he was posted as Deputy Manager (Quality Control) in Chandigarh, he was given to understand that his service had been confirmed.

But suddenly out of blue, he was handed over a termination order two after joined his posting in Chandigrah. Though the Corporation was Constitutionally obliged to give reason for his dismissal, it refused to adhere to it.

Dr. Singh challenged the termination order on this very ground saying that the Corporation had acted arbitrarily while dismissing his client.

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