Jayanta Kumar Biswas, J. - (1.) A disciplinary proceeding was initiated against the petitioner by charge sheet dated 22nd October, 1999. The charge sheet reads as follows:- "It has been reported that on 07.10.999 he was performing his duties in the vehicle No. WB-23/6755 of Digha- Howrah route. During its downward journey when the vehicle reached at Mecheda checking squad personnel boarded the bus and checked the cash bag of on duty Conductor. During the checking an amount of Rs. 45.00 (Rupees Forty five only) found excess in the Cash bag against the actual sale of Rs. 1672.00 including bag money. On the basis of the report as enumerated above, the following charges are drawn up against him: I. Having unauthorised and unaccounted excess of Rs. 45.00 in Cash bag against actual sale of Rs. 1672.00 including bag money with an intention to misappropriate the Corpn., money by realising as fares from the passengers without issue of tickets of proper denominations for the purpose of fulfilment of his illegal personal gain. 2. Being habitual in making financial irregularities during performance of duties. 3. Not performing duties faithfully, honestly and with due devotion and care. 4. Violation of the trust reposed on him as Conductor of the said vehicle of the Corpn. by making financial irregularities during duty hours. 5. Violation of Regulation 25(1), (2), (3) and (6) of SBSTC ESR. He is directed to submit his written representation to the undersigned within I 0(ten) days from the date of receipt of this letter. He should note that Sri Debasish Chowdhury T.S. BDO, Sir Debangshu Chakraborty T.I. Sri P.L. Dutta St/TE, Sri Samiran Bhattacharya ST/TE, BDO may he examined as witnesses during hearing. He should state whether he desires to be heard in person. In exercise of the power conferred tinder Regulation 38 of SBSTC ESR, the undersigned appoints Smt. Susmita Biswas Asst. Manager (Admn), BDO as Enquiry Officer to enquire into the case. A copy of bag checking report dated. 07.10.99 is enclosed."
(2.) In the enquiry conducted by the duly appointed Enquiry Officer, the petitioner duly participated. Witnesses were examined and cross-examined. The Enquiry Officer recorded the findings of guilt. Agreeing with the findings of the Enquiry Officer the Disciplinary Authority passed the punishment order dated 7th January, 2000. This punishment order was challenged by the petitioner in his previous writ petition No. 1293(W)/2000. Considering the fact that before passing the punishment order the Disciplinary Authority had not supplied copy of the Enquiry Officer's report, by order dated 8th March, 2000 passed in the previous writ petition this Court directed the respondents to give opportunity to the petitioner to make representation against the findings of the Enquiry Officer. The report of the Enquiry Officer was then supplied and petitioner submitted his detailed representation.
(3.) After considering the representation the Disciplinary Authority passed a fresh order dated 25th April, 2000. The Disciplinary Authority agreed with the findings recorded by the Enquiry Officer and finding the petitioner guilty of the charges imposed the punishment of reduction to the initial stage of the petitioner's existing pay scale. It was directed that the petitioner would not be entitled to any increment for three years with cumulative effect.;