DEBASISH BASAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was serving as a bus conductor of the West Bengal Transport Corporation Ltd. formerly known as the Calcutta Tramways Company (1978) Limited herein after referred to as 'the Company' On 7th February, 2009 when he was on duty his cash bag was checked by the checking squad and an amount of Rs. 299/- (rupees two hundred ninety nine) only was detected from his custody. The said money was in excess of the amount of tickets sold.

(2.) A charge sheet was issued against him on 4th January, 2010. A regular disciplinary proceeding was initiated and the petitioner was found guilty of the charges levelled against him. A final order was issued on 26th August, 2010 imposing the penalty of termination from service. The order was effective from 1st October, 2010. The statutory appeal filed by the petitioner against the said order of termination was rejected by the Managing Director of the Company by an order dated 30th October, 2018.

(3.) The petitioner is aggrieved by the order of termination. He submits that the penalty order is highly disproportionate to the charges levelled against him. The petitioner submits that the Company has imposed lesser punishment in respect of other employees charged with similar offence. The petitioner has annexed series of orders in respect of other employees who were detected with excess cash and imposition of fine was the punishment levied upon them. He submits that the punishment is required to be reconsidered by the authorities. He has prayed for setting aside the order of punishment.