VIVEKANANDA HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner is a conductor of the Calcutta Tramways Company (1978)Limited (hereafter the company ). Disciplinary proceeding has been initiated against him by his Disciplinary Authority owing to alleged misconduct committed by him while discharging the duty of a conductor.

(2.) UPON receipt of the charge-sheet dated 22. 11. 2007, the petitioner found that the Disciplinary Authority had simultaneously appointed an Inquiring authority as well as the Presenting Officer. In his reply to the charge-sheet dated 28. 11. 2007, he contended that such an action of the Disciplinary Authority is contrary to the law declared by the Apex Court and, therefore, he had made a prayer for withdrawing and/or rescinding the charge-sheet. However, he added that in the event the Disciplinary Authority intended to continue with the enquiry, he would like to be assisted by a co-employee, viz. Sri Suvra Kumar De, a clerk employed by the company.

(3.) THE company did not accept the prayer of the petitioner for withdrawing/rescinding the disciplinary proceeding. Instead, enquiry into the charges framed against him commenced with Sri S. K. Mitra, Traffic Officer as the inquiring Authority. The petitioner was informed by the Inquiring Authority that 21. 8. 2008 has been fixed as the first date of enquiry and he was requested to appear in his chamber at 13. 30 hours. The petitioner was further informed that if he wished to appoint a defence assistant, he would have the liberty to do so but such request must reach the Inquiring Authority within 25. 1. 2008.