LAWS(CAL)-2011-11-145

BASANT LALL Vs. DIRECTOR OF TRANSPORT

Decided On November 24, 2011
BASANT LALL Appellant
V/S
DIRECTOR OF TRANSPORT Respondents

JUDGEMENT

(1.) Short question involved in this appeal as to why the Administration was right in invoking the summary procedure to dismiss a Bus Conductor without taking recourse to a regular disciplinary proceeding.

(2.) The appellant was a Bus Conductor under the Administration. He was found negligent in his duty. He collected fare from the passengers and not deposited the same in the till of the administration. He was also absenting from duty unauthorisedly. The authority issued a notice dated December 08, 1992 appearing at page 85 of the paper book. The notice would depict that the revenue collection for the period between November 09, 1992 and November 16, 1992 was deposited on November 25, 1992. He did not deposit the collections of November 29, 1992 and November 30, 1992 till the notice was issued.

(3.) The authority called upon the appellant to explain as to why he should not be terminated. The authority asked for written explanation within 15 days from the date of issuance of the memorandum. The authority made it clear, in case of default in giving explanation, it would be presumed that he had no explanation to offer inviting further action from the end of the Administration.