Dipak Kumar Sen, J. - (1.) Rabindra Nath Dutta, the petitioner in this case, was at the material time employed permanently as a conductor under the North Bengal State Transport Corporation, Cooch Behar (hereinafter referred to as the said Corporation). On the 11th July, 1973 there was a checking of the night out up Service Bus, being Bus No. T/1257 which was proceeding from Siliguri to Jhallang and certain irregularities were detected in the issue of tickets to the passengers in the said Bus. Pursuant thereto, the General Manager of the Corporation issued a charge-sheet to the petitioner dated the 14th August, 1974. It was, inter alia, alleged therein that five passengers had been travelling in the said Bus without tickets from Chalsa to Jhallang and that the petitioner had realised fares from four of the said passengers without issuing any tickets and that another passenger was found travelling in the Bus from Malbazar to Jhallang without ticket. It was alleged that four old and unserviceable tickets were found in the possession of the petitioner. The petitioner was charged with having attempted to misappropriate money belonging to the Corporation, gross dereliction in duty and violation of rules, and was directed to show cause in writing within ten days of the receipt of charge-sheet as to why severe disciplinary action should not be taken against him. By the same communication the petitioner was placed under suspension.
(2.) The petitioner replied to the said charges denying his guilt. Subsequently, the Administrative and Personnel Officer of the Corporation was appointed as the Enquiry Officer. By his communication dated the 1st September, 1975 the petitioner objected to the said appointment on the ground that the Enquiry Officer was only a Matriculate, that he had no knowledge of law and that he was friendly with the checking staff. Such objections were overruled and an enquiry was conducted. Evidence was taken at such enquiry. The Enquiry Officer found that the charges against the petitioner were proved and he made a report dated the 17th October, 1974, recording his findings. Subsequent thereto, a notice dated the 12th November, 1974 stated to be a "second show cause notice" was issued to the petitioner by the General Manager of the Corporation stating, inter alia, as follows:- "It appears that on 11.7.74 while you were conducting Siliguri-Jhallang N/O. Service Bus (No. T/l 257) the Inspecting Staff checked the said Bus on the way and found that (i) you carried 6 (six) unbooked passengers in the bus (ii) realised fares from 4 (four) of the said unbooked passengers, (iii) you kept 4 old and unserviceable tickets with you with an intention to recall them (vide Misc. Case No. 119/74). The aforesaid charges have been well established after proper enquiry and you have been found guilty of the charges. You are directed to show cause as to why you should not be removed from the service of this Corporation or otherwise suitably punished."
(3.) In his reply to the second show cause notice the petitioner stated that he had nothing more to add to what he had submitted carrier and requested the General Manager to acquit him from the charges. The General Manager of the Corporation passed an order dated the 28th November, 1974 as follows:- "The charges as levelled against Shri Rabindra Nath Dutta, Conductor (R), NBSTC., Cooch Behar in Misc. Case No. 119/74 have been well established and he is found guilty of the charges. Therefore, Shri Rabindra Nath Dutta, Conductor (R), NBSTC., Cooch Behar is discharged from the service with immediate effect. He will, however, get subsistence allowances only for the period of his suspension.";