Kamal Kumar Das v. Calcutta State Transport Corporation And Others

02.03.2021.

Item no. 71.

Court No.13 ap W.P.A. No. 1426 of 2021 (Through Video Conference) Kamal Kumar Das

Versus

Calcutta State Transport Corporation Limited & Ors.

Mr. Shibaji Kumar Das, Ms. Rupsa Sreemani.

...For the petitioner.

Mr. Amal Kumar Sen, Mr. Sabyasachi Mondal.

...For the CSTC.

Affidavit-of-service filed in Court today by the Counsel for the petitioner be taken on record. The writ petitioner claims that he has been deprived of promotional benefits.

Counsel for the CSTC submits that the writ petitioner was implicated in a criminal case, inter alia, under Section 498A of the Indian Penal Code in the year 2005 and was in custody for about 11 days. He further submits that by an order dated 11th July, 2005, the Corporation had issued a show-cause to the petitioner asking him to explain the suppression of his jail custody for 11 days; violation of Rule 25 of the CSTC ESR; disruption of out-shedding of CSTC Buses and gross misconduct and dereliction of duty. The petitioner was kept under suspension vide order dated 14th June, 2005. The said suspension was subsequently lifted.

In those circumstances, CSTC is directed to take a decision as regards any formal disciplinary proceeding against the petitioner.

In the event, any formal proceedings are contemplated, the same shall be completed mandatorily and positively within a period of six months from the date of communication of a copy of this order.

In view of the above, the instant writ application shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)