PER TAPEN SEN, J. - (1.) IN this Writ Petition, the Petitioner prays for an Order setting aside the Charge -sheet dated 23.3.2001 issued by the Managing Director, South Bengal State Transport Corporation (Respondent No. 3) as well as the Enquiry Report and the Final Order of punishment dated 8.2.2002 as well as the Appellate Order dated 9.7.2004 as contained in Annexures - P/3, P/5 and P/7 respectively. The Petitioner also prays for refixation of his pay after conferring the benefit of Career Advancement Scheme in terms of the Memo dated 21.6.1990 of the Deputy Secretary, Department of Finance, Government of West Bengal.
(2.) THE case of the Petitioner is that he was appointed as a Badli Conductor on 3.4.2001 and attached to the Belgharia Depot. He was subsequently confirmed after completion of the probation period of 9 months by an Order dated 17.2.1993 and then, confirmed of a post of a Conductor by Order dated 22.8.1995 with effect from 1.12.1993. According to the Petitioner, the post of a Conductor and Cashier with the South Bengal State Transport Corporation carries the same scale of pay and grade. While performing the duties of Conductor at the Belgharia Depot, the Petitioner applied for the post of a Cashier and was asked to appear in a written test for the said post. He duly appeared and on being selected, an Order was passed on 7.2.1996 appointing him on the post of a Cashier with a direction that he should report by 10.2.1996 before the Deputy Manager, Belgharia Depot. He duly reported for, duty on 8.2.1996. According to the further case of the Petitioner, the period of probation to the post of a Cashier was for a period of one year at the first instance subject to extension in case of unsatisfactory performance. However, due to satisfactory service of the Petitioner, the period of probation was never extended and therefore after completion of the period of one year, the appointment on the post of Cashier was deemed to have been confirmed by implication.
(3.) ON 18.1.2001 at about 6.50 P.M., a Conductor named Abhay Banerjee deposited a sum of Rs.9516/ - with the Petitioner being the sale proceeds of the day in respect of the Kolkata - Ratua route. The Petitioner, after verifying, recorded the same in the concerned Bill and after finding the amount to be alright, duly received the same and got it signed by the Conductor. The Petitioner countersigned thereon. The amount was then deposited in the Office. The Petitioner had duly noticed that the cash bag had been duly checked on the way Bill by the checking staff at Raghunathganj. This fact was brought to the Notice of the Section -in -charge, Ram Prasad Pal on the next day since at 6.50 P.M. when the Conductor was depositing the cash, he was not available. The Petitioner also learnt that Ram Prasad Pal had made a photocopy of the said Bill and brought it to the Notice of the Depot -in - charge, Sri Ranjit Roy Choudhury.;