LAWS(CAL)-2009-3-11

MD AMIR HOSSAIN Vs. STATE OF WEST BENGAL

Decided On March 24, 2009
MD AMIR HOSSAIN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE appellant, being the writ petitioner, has appealed against the judgment and order dated 6th May, 2002 in C. O. 11152 (W) of 1992 (Md. Amir Hossain vs. State of West Bengal and Ors.), in so far as the learned Single Judge held that the appellant would not be entitled to emoluments during the period of the departmental proceedings and till date of the said judgment and order, except for the subsistence allowance that he had already received. The appellant was a Conductor of South Bengal State Transport Corporation (SBSTC), a statutory body established under Section 3 of the Road Transport Corporation Act, 1950, which is hereinafter referred to as the respondent corporation.

(2.) ON 25th January, 1990, when the appellant was on duty on vehicle No. WMH 9672, plying on the route from Sikarpur to Durgapur, a Checking Squad of the respondent corporation boarded the vehicle at about 11. 35 a. m.

(3.) THE Checking Squad found that a passenger was travelling without ticket. A sum of Rs. 21. 50 was realized from the said passenger towards bus fare for journey from Islampur to Durgapur. Thereafter the cash bag of the appellant was searched and an excess amount of rs. 99. 55 was found in the cash bag.