For 25 years, the household of a former Meals Company of India (FCI) worker fought a authorized battle to get his title cleared after he was dismissed following allegations of accepting “substandard” rice which was dispatched to Tamil Nadu and Madhya Pradesh.
His household approached the appellate authority in 1998 and the Delhi Excessive Courtroom twice. Ram Naresh was dismissed by the FCI in 1998 and handed away in 2001 on the age of 53.
Lastly, on October 1, the Delhi Excessive Courtroom put aside Naresh’s dismissal, discovering faults within the report of the departmental inquiry that really useful it.
“This verdict means loads to me. The reality is lastly out. I knew my husband was harmless,” stated Khushi, 73, Naresh’s spouse. “A blot on us has been eliminated. Wherever my husband is, he should be very joyful. He by no means wished individuals to assume that he had dedicated an enormous fraud and was fired from his job,” she added.
After three many years of service on the FCI, Naresh was dismissed from the submit of assistant supervisor (high quality management) in 1998. Fees had been levelled towards him of “conniving” with technical assistants for accepting and dispatching “substandard” rice to Madhya Pradesh and Tamil Nadu for his monetary achieve. His actions allegedly price the company crores of rupees.
A departmental inquiry was set as much as examine the allegations towards him, and it submitted its report on March 9, 1997. In response to this report, 29 of the accepted samples had “damaged,” “discoloured,” and “chalky” rice. Primarily based on this report, Naresh was dismissed in August 1998.
Following that, he challenged his dismissal earlier than the Appellate Authority. His enchantment was rejected in December of that 12 months, which led him to file a writ petition earlier than the Delhi Excessive Courtroom. Even that introduced him no respite. In 2013, a single-judge bench dominated towards him. His household didn’t hand over and challenged this determination, resulting in the case being heard by a two-judge bench of the Delhi Excessive Courtroom.
“…conclusions recorded by the Enquiry Report are ex facie faulty … and the conclusion of dismissal isn’t commensurate with the punishment awarded to Ram Naresh,” stated the Excessive Courtroom Bench of Justices Vibhu Bakhri and Tara Vitasta Ganju on October 1, whereas setting apart his dismissal.
“The loss brought on by Ram Naresh was additionally neither quantified nor proved by FCI in these proceedings. The collusion and connivance (with the technical assistants) had been additionally not clear,” stated the court docket, pulling up the FCI.
Advocates KC Mittal and Yugansh Mittal, who represented Naresh within the court docket, had argued that he identified his colleagues’ wrongdoings, and as an alternative of taking motion towards them, the FCI made him the scapegoat.
They had been referring to a grievance that Naresh had made towards the technical assistants by way of telegram on April 6, 1996, alleging that substandard rice was being dispatched. Nonetheless, Naresh was not allowed to provide this telegram through the inquiry proceedings, which led to his dismissal. His legal professionals additionally argued that the technical assistants’ responsibility was to examine the meals inventory bodily.
Naresh had additional advised the court docket that he lodged his protest when the samples had been being analysed, stating that the chemical reagent for correct evaluation was not out there. Nonetheless, he stated, he lastly selected to remain quiet as a result of risk of suspension.
“Thus, an evaluation of the file produced by the Appellant (Naresh) reveals that he had, the truth is, been alerting the authorities of the BRL (past rejection restrict) Rice through the related interval. This facet has not been handled in both the Enquiry Report or the Appellate Authority Order,” stated the excessive court docket.
However, the FCI stated Naresh was accountable for supervising and checking consignments and had given technical employees a free hand to just accept the faulty rice for financial achieve.
“Within the current case, the Enquiry Findings, the Enquiry Report, and the Appellate Authority have all failed to offer due consideration to proof (the telegram) led by Ram Naresh. Ram Naresh was additionally not afforded the chance to submit essential further paperwork on file. The enquiry proceedings seem to have operated below a preconceived notion of his guilt,” the excessive court docket dominated.
Had he been allowed to provide the telegram alerting the FCI in regards to the technical assistants within the inquiry proceedings, Naresh would doubtless have retired as an FCI worker.
