Chowdhury Mahammad Alamgir v. The State Of West Bengal And Others

OD-1 ORDER SHEET WPO/899/2025

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE CHOWDHURY MAHAMMAD ALAMGIR -VS THE STATE OF WEST BENGAL AND OTHERS

BEFORE:

The Hon'ble JUSTICE SAUGATA BHATTACHARYYA Date : 11.02.2026 Appearance:

Mr. D. Basu, Adv.; Ms. S. Nanda, Adv., for petitioner. Mr. N. Bhattacharya, Adv.; Ms. D. Chattaraj, Adv., for WBTC. 1.

THE COURT: Matter is heard in presence of the learned Advocates representing the petitioner and West Bengal Transport Corporation Ltd. (for short "Corporation").

2.

Petitioner is a contractual employee under the Corporation who was terminated vide order dated 6th May, 2024 issued by the Deputy Managing Director of the Corporation being respondent no.6. On perusal of order of termination dated 6th May, 2024, it appears that disciplinary proceeding was initiated against the petitioner and opportunity for hearing was extended to him. However, last date of hearing was fixed on 2nd August, 2023. Fixing date of hearing on 2nd August, 2023, a letter

was issued on 28th July, 2023. It is admitted in order of termination dated 6th May, 2024 by the respondent no.6 that said letter dated 28th July, 2023 was received by the petitioner on 1st August, 2023 which was wrongly recorded as 1st August, 2013.

3.

Therefore, it transpires that petitioner received letter dated 28th July 2023 by which date of hearing was fixed on 2nd August 2023 on 1st August 2023, one day before the date fixed for hearing. 4.

Albeit it was recorded in the order of termination dated 6th May 2024 that reasonable opportunity was granted to the petitioner to present his case before the authority, but facts narrated in the said order of termination dated 6th May, 2024 does not reveal that petitioner was granted reasonable opportunity since the petitioner received letter dated 28th July, 2023 on 1st August 2023, whereby hearing was fixed on 2nd August, 2023.

5.

Court finds further opportunity needs to be granted to the petitioner to appear before the concerned respondent authorities to present his case prior to taking final decision based on allegations leveled against the petitioner.

6.

Hence order of termination dated 6th May, 2024 stands set aside. 7.

Respondent authorities shall be at liberty to take de novo decision after granting opportunity of hearing to the petitioner. Petitioner shall be provided at least notice of seven days prior to the date of hearing. 8.

Writ petition stands disposed of.

9.

Urgent Photostat certified copy of this order may be supplied to the parties subject to their compliance of all the requisite formalities. (SAUGATA BHATTACHARYYA, J.) tk