BIVAS MODAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The issue that is to be decided in the instant writ petition is whether an employee of the Calcutta Tramways Company (1978) Limited (Company) be terminated from service without given him an opportunity of hearing and without initiating any disciplinary proceeding against him.

(2.) A show cause notice was issued against the petitioner by the Chief Operating Manager of the Company on 28th July, 2014 on the ground of dishonesty, aggressive behaviour with the passenger and for suppression of documentary evidence by snatching the tickets from the passengers. The petitioner was given seven days' time to reply to the said show cause. The petitioner submitted his reply on 9th August, 2014.

(3.) A second show cause notice was issued against the petitioner on 18th August, 2014 whereby he was informed that his reply was not satisfactory and another chance is being provided to him to explain as to why his Contract Agreement would not be terminated for violation of paragraph 9 of the Agreement.