LAWS(CAL)-2019-7-19

DINBANDHU RAI Vs. STATE OF WEST BENGAL

Decided On July 04, 2019
Dinbandhu Rai Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The petitioner was recruited on temporary and contractual basis as provisional bus conductor of the West Bengal Transport Corporation Ltd., formerly known as the Calcutta Tramways Company (1978) Ltd., herein after referred to as the Company, in October, 2010.

(2.) On 4th April, 2018 when the petitioner was performing his evening shift at about 8 pm the checking squad checked his bag and an excess amount of Rs. 636/- (rupees six hundred thirty six) only was detected from his custody. A show cause memo dated 25th May, 2018 was issued directing the petitioner to show cause why he will not be terminated from service as per provision of the agreement made between him and the Company. The petitioner was given seven days' time to reply to the said show cause.

(3.) By a letter dated 31st May, 2018 the petitioner replied to the show cause wherein he mentioned that on the said day he was not in a stable mental condition as he received a message of accidental death of one of his relatives. He mentioned that he was totally blank and in mental trauma leading to mental and nervous breakdown. He further mentioned that he had no mala fide intention of wrongful gain. He prayed apology and requested for treating his case on humanitarian ground.