RAJASEKHAR MANTHA,J. - (1.) The Writ Petitioner was a conductor of a public transport bus being operated by the South Bengal State Transport Corporation (S.B.S.T.C.)
(2.) A charge-sheet was issued to him on 3rd January, 1998 enumerating the following charges;- "?ARTICLE OF CHARGE - I On 28.11.97 Sri Bimal Koner, Conductor, Habra Depot was performing his duty in the vehicle no. WB-23/3959 of Haldia - Birsingha route in "?B "? Shift. When the vehicle reached at Ghatal, checking squad personnel boarded the bus and checked the tickets of all alighting passengers. During checking 04 nos. of passengers found travelling unbooked and without tickets. Such passengers were kept unbooked with unterior motive of realising money illegally for his personal gain after completion of journey and with an intention to cause financial loss to the Corpn. By misappropriating this money thus realised. Sri Koner is, therefore, charged for wilful negligence in performing his duties faithfully and diligently in violation of Section 2592) of SBSTC Employees Service Regulations and also for attempt of causing wilful financial loss to the Corporation for his personal gain and thereby violated Regulation 25(6) of SBSTC Employees Service Regulations. ARTICLE OF CHARGE - II On 28.11.97 while he was performing duty in the vehicle no. WB-23/3959 of Haldia - Birsingha route, checking squad personnel checked the cash bag of Sri Koner at Birsingha. During checking an amount of Rs. 70.75 (Rupees Seventy and paise Seventy five only) found excess in the cash bag against actual sale of Rs. 724/- including bag money. Sri Koner did account for his excess cash found in the cash bag. Moreover, such unaccounted excess being the accumulated by realising from the passenger against fare without issue of tickets with an ulterior motive after misappropriation of the money for his illegal personal gain. Sri Koner is, therefore, charged for having an excess amount of Rs. 70.75 in the cash bag by performing his duty faithfully, diligently, honestly, with due care and devotion Sri Koner is, therefore, charged for violation of Regulation 25(1), (2), (3) and (6) of SBSTC Employees Service Regulations. ANNEXURE - II Statement Of Imputations Of Misconduct Or Misbehaviour In Support Of The Articles Of Charges Framed Against Sri Bimal Koner, A Conductor Of Habra Depot, S.B.S.T.C. (Same as mentioned in the Article of Charges I and II vide Annexure -I with reference to Annexure -II). ANNEXURE - III List Of Documents By Which The Article Of Charges Framed Against Sri Bimal Koner, A Conductor Of Habra Depot, S.B.S.T.C. Are Proposed To Be Sustained. Conductor 's Bag checking report with check sheet no. 1378 dated 28.11.97 submitted by Sri Jhantulal Pakre, ST/TE, in respect of the bag of Sri Bimal Koner, Conductor performing duty in Vehicle No. WB-23/3959 plying in Haldia-Birsingha route. ANNEXURE - IV List Of Witnesses By Whom The Article Of Charges Framed Against Sri Koner, A Conductor Of Habra Depot, S.B.S.T.C. Are Proposed To Be Sustained. 1) Sri Jhantulal Pakre, ST/TE, Mecheda Beat Point, (2) Sri Samir Banerjee, ST/TE Mecheda Beat Point, (3) Sri Animesh Dutta, T.I. Mecheda Beat Point, S.B.S.T.C. ORDER In exercise of the power conferred by Regulation 38 of SBSTC Employees Service Regulations 1987, the undersigned hereby appoint Smt. Susmita Biswas, Asstt. Manager (Admn. and A/CS.), Belghoria Divn. as Enquiry Officer to enquire into the charges framed against the said Sri Bimal Koner, a Conductor of Habra Depot."
(3.) As seen from the charge-sheet above an Inquiury Officer was also appointed in the same order. The Writ Petitioner replied to the charge-sheet on 10th February, 1998. The said reply has been produced in Court.;