Madhab Ghosh v. State Of West Bengal And ORS.

23.02.2022 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 738 of 2022 Madhab Ghosh Vs.

The State of West Bengal & Ors.

Mr. Gopal Chandra Ray ... For the petitioner Mr. Srijan Nayak Ms. Rituparna Maitra ... For the State Ms. Deblina Chattaraj, led by Mr. Niladri Bhattacharjee ... For the WBST The petitioner has challenged the show-cause notice of punishment dated 10th August, 2020 issued by the Deputy Managing Director, West Bengal Transport Corporation Limited (in short "WBTC").

The fact leading to the issuance of the show-cause is that an excess amount over the declared amount was found in possession of the petitioner who happens to be a driver in WBTC by the checking staff while he was driving a bus of WBTC from Barasat to Digha. The petitioner had replied to the show-cause by a letter dated 18th August, 2020. WBTC, the employer, being unsatisfied with the petitioner's reply, issued a charge-sheet on 31st March, 2021. A disciplinary proceedings pursuant to the issuance of the charge-sheet has commenced.

At this stage, the show-cause notice cannot be challenged. The other prayers made by the petitioner are dependent on the result of the disciplinary proceedings. In the aforesaid facts and circumstances, the writ petition is dismissed without any order as to costs. Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)