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2023 DIGILAW 308 (DEL)

Food Corporation of India v. Rinku

2023-01-19

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD

body2023
ORDER CM APPL. 2603/2023 in LPA 737/2022 LPA 52/2023 & CAV 46/2023 & CM APPLs. 2633-34/2023 LPA 53/2023 & CAV 45/2023 & CM APPLs. 2643-44/2023 1. The present LPAs arise out of the Order Judgment dated 01.12.2022 passed by the learned Single Judge in a batch of petitions i.e., W.P.(C) 3946/2021 and other connected matters. 2. The facts of the case reveals that aggrieved by the decision of Food Corporation of India (FCI) withholding the result of the selection process of some of the candidates, including the Respondents herein, a batch writ petitions were preferred under Article 226 of the Constitution of India by the Respondents herein who are all aspirants for appointment to the post of Assistant Grade (III) Depot, Assistant Grade (III) General and Junior Engineer (CE) in the Food Corporation of India (FCI). The candidature of the Respondents was withheld by the Food Corporation of India (FCI) on the alleged ground of using unfair means by the Respondents in the examination. The learned Single Judge vide Judgment dated 01.12.2022 has allowed the writ petitions by quashing the impugned list issued by FCI with a direction to forthwith declare the result of the Respondents (writ petitioners). 3. The Food Corporation of India (FCI), thereafter, preferred the present LPAs challenging the Judgment dated 01.12.2022 passed by the learned Single Judge. During the pendency of the LPAs, an application bearing CM APPL. 2603/2023 in LPA 737/2022 has been preferred by Food Corporation of India (FCI) praying for the following reliefs: "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to modify the impugned judgment dated 01.12.2022 (Annexure A/l) by permitting the Appellant to give show cause notice to the Respondent No.1/(Petitioners) setting-aside the impugned judgment to the extent of the direction given in paragraph No.36 of the impugned judgment to the Appellant to forthwith declare the results of the Petitioners and those Petitioners who find a place in the merit list be appointed against the respective posts for which they had applied with all consequential benefits except back wages. Pass any other or further order (s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice." 4. Pass any other or further order (s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice." 4. The Food Corporation of India (FCI) in the aforesaid application has categorically stated that FCI is ready to issue a proper show cause notice to the Respondents (writ petitioners) and after hearing the Respondents, the FCI shall be passing appropriate Orders for each candidate whose results have been withheld in accordance with law. 5. At this stage, it was suggested by this Court to the FCI that as the matter is being remanded back to FCI, all the observations and findings arrived at by the learned Single Judge should not come in way of the Parties and the same should be left open as the matter is being considered afresh by the Food Corporation of India (FCI). 6. Learned Senior Counsel for the FCI, i.e. the Appellant herein, has agreed to the aforesaid. The aforesaid Judgement dated 01.12.2022 passed by the learned Single Judge is set aside. All the observations and findings arrived at by the learned Single Judge in the Judgment dated 01.12.2022 are also set aside. The Food Corporation of India (FCI) shall issue show cause notices to the Respondents (writ petitioners) furnishing all the material to the Respondents (writ petitioners) positively within 15 days from today enabling them to file a reply to the same within 15 days thereafter. The Food Corporation of India (FCI) shall pass a final Order within a period of 30 days after the receipt of reply. There FCI shall ensure strict compliance of the time frame fixed by this Court. 7. Needless to mention that any observations and findings arrived at by the learned Single Judge in the Judgment dated 01.12.2022 shall not come in way of the Parties. 8. As consented by the Food Corporation of India (FCI), the present Order shall be applicable mutatis mutandis to all the connected petitions as mentioned in the impugned Judgment dated 01.12.2022. 9. With these observations, the LPAs are disposed of, along with pending application(s), if any. 10. The next date of hearing i.e., 20.03.2023 in LPA 737/2022 stands cancelled.