BHOLANATH KARMAKAR Vs. DEPOT MANAGER BELGHORIA DEPOT

JUDGEMENT

(1.) IN this application, a short but an important question of law falls for consideration viz. whether second show cause notice in regard to the employees of the state Transport Corporation is a requirement of law, the challenge being directed against a charge-sheet and an order of suspension dated 1st August, 1983 is sued by the Depot Manager, Belghprjia depot. Calcutta State Transport Corporation as also against the circular dated 7th January, 1983 issued by the Chairman, Calcutta State Transport Corporation.

(2.) THE petitioner, a driver in the regular cadre of drivers of the State trans port Corporation since 1st April, 1969 was placed, as a route driver under the depot. Manager Belghoria Dept. On 1st august, 1983, the petitioner was served with a charge sheet bearing no. 1346-STB/dr. No. 3144 BTO dated 1st August 1983 issued by the respondent no. 1. The said charge sheet is set out hereunder for convenience sake "it has been reported that you were allotted with the vehicle No. WBS-1857 of Rt. No. S17 at about 7. 45 hrs. On 18. 7. 83. The said vehicle caused soma mech. defects due to which you were given a replaced vehicle No. WBS2g78 of Rt. No. 4b' at about 8. 45 hrs. At this you said "i shall not go to Rt. No. 4b and also added. " as a result the vehicle had to be, held up in the garage unnecessarily causing inconvenience to commuters and loss of revenue to the Corporation. As you are, prima facie guilty of (i)refusing to go on route No. 4b, instead, causing unnecessary hold up of the vehicle in the garage as above (ii) inconvenience, to the utility service and loss of revenue to the Corporation (iii)negligence, carelessness and dereliction in duty and (iv) misconduct, yon are hereby directed to explain in writing in your defence within 7 days on receipt hereof as to why you should not be punished in the manner prescribed in Reg. 36 of the C. S. T. C. Employees Service regulations. You are further directed to state in writing whether you desire to be heard in person. Meanwhile you will remain suspended pending decision of an enquiry into the case. You will get fifty percent of the last pay drawn by you during the period of your suspension as subsistence grant. You are directed to deposit your identity Card and metal badge, if any, in the Office of D-M. Bel. Depot on receipt of his order failing which subsistence grant will not be, drawn. "

(3.) A reply to the Memorandum dated 1st August 1983 was submitted by the petitioner. During the pendency of the enquiry a circular letter was issued by the Chairman, Calcutta State Transport corporation, the relevant extract of which is set out hereunder inasmuch as the main plank of the writ petitioner's contention centers round the said circular "disciplinary proceedings against employees of the Corporation are conducted in accordance with the provisions contained in the Service regulations framed under section 45 of the Road Transport Corporation act, 1950 read with some administrative orders circulars issued from time to time. The service regulations do not provide for issuing a further show cause notice after completion of the enquiry against a delinquent employee (commonly called 'second show cause notice') calling upon him to show cause against the proposed punishment. 2. On a review of the entire existing procedure in the Corporation regarding disciplinary proceedings against its employees, it has been decided, in supersession of all orders and circulars in this behalf, that after completion of the enquiry against a delinquent, in a departmental proceedings, where it is warranted to impose upon him one more all of the penalties mentioned in Regulation 36 of the Calcutta State transport Corporation Employees service Regulations, such penalties may be i m posed on the basis of evidence adduced during such enquiry, and it shall not be necessary to give such person 1 any further opportunity of making representation on the penalty proposed, commonly called "second show cause notice. 3. This shall be made elective in respect of all departmental disciplinary proceeding cases, excepting those where second show cause notice has already been issued. "