SUBHAS DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant writ petition a direction has been sought for upon the respondent no. 3 to comply with the order passed by his superior officer regarding use of government vehicle already placed in the department instead of use of hired vehicle for performing official duties.

(2.) The petitioner Subhas Das claims that he is a driver under the Assistant Engineer, Calcutta Canals Sub-Division of the Government of West Bengal and is entrusted to drive a government vehicle being registration no. WBB-8639. From May, 2006 the respondent no. 3 has introduced a hired vehicle being no. WB-19C/3169 for the use of department ignoring the government circular and since then the petitioner, though attending office of the respondents, is sitting idle being the only driver of the department. He made several representations to the respondent no. 3 for use of the said government vehicle for the interest of the respondents but to no effect.

(3.) It is further claimed that by government order dated 22.06.2006 being memo no. 2125 issued by the Sub-divisional Officer, Calcutta Canal Sub-Division, the use of hired vehicles of Calcutta Canal Sub- Division, Tally Nala Canal Sub-Division and Dabu Sub-Division have been discontinued and specific instruction was given to use government vehicle allotted to the departments. In total defiance of the said government order dated 22.06.2006 the respondent no. 3 is using the hired vehicle keeping both the driver and government vehicle idle. Therefore, he has preferred this writ petition seeking a direction in the nature of Mandamus upon the respondent no. 1 to look into the grievances of the petitioner and to consider and dispose of the same by giving reasonable opportunity of hearing to all the parties and to pass a reasoned order within a specified period of time and to direct the respondent no. 3 to use the government vehicle instead of hired vehicle till the decision is being given by the respondent no. 1 over this issue.