DULAL RANJAN ADETYA Vs. R K BOSE

JUDGEMENT

(1.) This is an application by Dulal Ranjan Adetya under Article 226 of the Constitution for a Writ of Mandamus and Certiorari in respect of the order of his dismissal. By order dated 23rd/26th February, 1957 and 26th April, 1957 the applicant was discharged from service.

(2.) The facts of this case may be briefly stated. The applicant was appointed as a Bus Conductor in the State Transport Service on the 15th May, 1952 at a monthly salary of Rs. 50/- plus the usual allowances. The appointment was made by one R.K. Bose, then known as the Director of Administration in the Directorate of Transportation, Government of West Bengal. On the 21st November, 1956, the applicant was served with a charge sheet from R. Ghose, Director of Operations. The charge sheet informs him of the serious complaint against the applicant. The gist of the complaint is that the applicant refused to perform his duty and he was charged with 'gross dereliction of duty and gross insubordination'. In fact, the charge sheet expressly states that it has been reported that in the second shift on 20-11-1956 during change of shift at Howrah Control Point at 13-50 hours when the applicant was allotted duty in State Bus WBS 1240 of Route No. 35A he refused to perform his duty over Route 35A and moreover used caustic language to the officers present there against all codes of discipline. He was suspended pending the decision of enquiry into the case and was allowed a subsistence grant of one-fourth of his pay plus full allowances during the period of suspension.

(3.) On the 23rd November, 1956 the applicant submitted the explanation to the charge sheet. In that answer the applicant admits that he signed the way bill with statement of refusal, to work although he says that he had no other option but to do it. On the 27th December, 1956 the next notice to show cause was given to the petitioner by stating: