- (1.) The subject-matter of challenge in this writ petition is the impugned order of penalty passed by the disciplinary authorities affirmed by the appellate forum. The writ petitioner was a bus driver working under the Calcutta State Transport Corporation. By and under a charge-sheet dated 9th May, 1997 the respondent authorities framed six charges against the writ petitioner which are as follows: i) Making flimsy entry in the job card at your sweet will. ii) Performing your duty in a most perfunctory manner which constitutes dereliction of duty. iii) Insisting the on-duty Cleaner for tampering the office records with an ulterior motive. iv) Making excess consumption of diesel oil in respect of vehicle No. WB/04A/2491. v) Expending corporation money of Rs. 60/- (Rupees sixty) only without approval of the competent authority, vi) Violation of office order and discipline and all these acts on your part constituting gross mis-conduct. The writ petitioner was directed to submit personally to the Depot Manager, Taratala Depot written explanation within 7 days on receipt of the charge-sheet and he was asked to inform whether he desires to be heard in person.
(2.) The writ petitioner was also suspended with immediate effect pending disposal of the case on payment of usual subsistence grant. A copy of the report of the Assistant Engineer, Taratala Depot was also supplied to the delinquent employee. The report submitted reads as follows:-- This is for the information of the DM/TD that the vehicle No. WB/04A/2491 was placed for Basirhat--Namkhana Route (N.H.) on 27.4.97. Dr. No. 2583 was the concern driver. It appears from the record that the vehicle entered into the garage on 27.4.97 at 1416 hours and took 42 liters of diesel oil. It further appears from the record that the above mentioned vehicle was entered into the garage on 28.4.97 at 0828 hours and took 205 liters of diesel oil. Finally the vehicle garaged at 1500 hrs. on 28.4.97 and took 22 liters of diesel oil. PI. note in this connection that the vehicle bears big diesel tank (capacity approx. 300 liters) with full of diesel at the time of exist. Under the above circumstances, in may opinion, the vehicle consumed excessive (42 + 205 + 22 = 269 Liters) diesel oil which may not be normal. A report of B/D on the ground of diesel not passing is furnished by the concern driver oh the job card which may kindly be note. Submitted to DM/TD for his kind consideration and necessary action please. Sd/- S. Biswas 2.5.97 Asstt. Engineer/TD
(3.) The writ petitioner gave a reply to the charge-sheet on 4th August, 1997 denying all charges framed against him. However, in the reply he pointed out that in the event it is the intention of the concerned respondents for conducting domestic enquiry relevant to the impugned charge-sheet, they should supply all the relevant informations, copies of the relevant documents as mentioned in the reply and allow him legal defence assistance as permissible in the rules of equity to face enquiry conducted by a highly experienced and technical expert enquiry officer. The writ petitioner requested the concerned respondent to supply the following details and copies and documents for giving further reply and proper evidence at the enquiry.;