C.K. Prasad, J. - (1.) This petition for special leave to appeal is against the judgment and order dated 24.09.2008, passed by the Calcutta High Court in MAT No. 567 of 2008, whereby it had dismissed the appeal preferred by the petitioner and affirmed the order of the learned Single Judge dated 17.04.2008 passed in W.P. No. 4100(W) of 2008 quashing the order of punishment inflicted on respondent No. 1.
(2.) Leave granted.
(3.) Short facts giving rise to this appeal are that the writ petitioner-respondent No. 1, hereinafter referred to as the delinquent employee was at the relevant time working as Conductor with the appellant -South Bengal State Transport Corporation. On 17.02.2007 he was assigned duty in a Bus bearing Registration No. WB-39/2110, plying between Durgapur to Baharampur. The said bus was checked by the checking squad at Baharampur and they detected one ticketless passenger, who was going towards Baharampur from Kandi. The checking squad collected fine from the said passenger. Further a sum of Rs. 345/- was found in excess in the Conductor's cash-bag. The Divisional Manager, Durgapur Division of the South Bengal State Transport Corporation is the disciplinary authority of the delinquent employee. A memo of charge dated 7.3.2007 was drawn by the Divisional Manager, Durgapur alleging the aforesaid misconduct against the delinquent employee; i.e. allowing the ticketless passenger to travel in the bus and possession of excess amount of Rs. 345/- in the cash-bag. The memo of charge was served on the delinquent employee on 8.3.2007 and without giving any opportunity to him the Divisional Manager, Durgapur was appointed as the Enquiry Officer. The delinquent employee submitted his reply dated 17.3.2007 denying both the charges and according to him detection of the passenger travelling without ticket is not misconduct, because on the spot itself the ticketless passenger was tried and a fine was realized from him by applying Section 178A of the Motor Vehicles Act. As regards the second charge, the plea of the delinquent employee is that an amount of Rs. 345/- was left by a passenger and when one of the passengers claimed the amount, he verified the same and till then kept the amount with the intention of returning it to him. The enquiry was conducted by the disciplinary authority i.e. the Divisional Manager, Durgapur himself who did not accept his plea and held both the charges brought against him to have been proved. Accordingly the disciplinary authority inflicted the punishment and relegated the delinquent employee, a Conductor to the status of Daily Rated Conductor.;