SYED ZAMIR HOSSAIN Vs. WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been moved by Syed Zamir Hossain an ex Conductor of Durgapur state Transport Corporation, who had challenged an order of dismissal from service in a departmental proceedings, which was passed by General Manager of the said Corporation on August 24, 1982 and which has been affirmed by the Appellate Authority with a single sentence order that the Appellate Authority had no ground to interfere with the decision of the General Manager and accordingly rejected the appeal, which is Annexure 'G' to the original writ petition and Annexure 'A' to the supplementary affidavit.

(2.) At the time of commencement of hearing of the writ petition, an application for amendment was filed whereby the writ petitioner took the point of law and had taken a specific ground that 'no requisite' Rules were rammed by the Authorities concerned namely The Durgapur state Transport Corporation and that by not tramping of such requisite Rules, the petitioner's services could not be terminated, in departmental proceedings by taking recourse to enquiry proceedings, in terms of West Bengal Services (Classification, Control and Appeal) Rules, 1971, Which applies only in respect of Government Servants.

(3.) Although the Rule was issued on October 14, 1982, B granted interim order was granted by B. C. Basak J and an appllcation for the aforesaid amendment was heard by me, after assignment by the Hon'ble Chief Justice and the same was allowed after a "contested hearing" on July 11, 1985. Subsequently on November 19, 1985 when the above mater was taken up for hearing Mr. Tapan Kumar Sengupta appearing with Mr D. Bera for Durgapur State Transport Corporation took time to ascertain the position as to whether there is any express orders have been made by the State Government, applying the provisions of West Bengal (Classification, Control and Appeal) Rules 1971, to the employees of the Durgapur State Transport Corporation, similar to Government orders disclosed, in Annexure 'B' to the affidavit-in-opposition an such prayer was granted by me and the matter was taken up for further hearing, today before me when Mr. D. Bera learned Advocate for the Durgapur State Transport Corporation submits on instructions that there is "no such '' order passed by the appropriate authority extending the provisions of the aforesaid Rules of 1971 in respect of Durgapur State Transport Corporation employees.