Calcutta High Court (Appellete Side)
Sri Kanailal Ghosh vs Calcutta State Transport on 4 December, 2018
Author: Arijit Banerjee
Bench: Arijit Banerjee
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04.12.2018.
d.p.
W.P. 23147 (W) of 2018
Sri Kanailal Ghosh
-versus
Calcutta State Transport
Corporation & Ors.
Mr. Manas Kumar Ghosh,
Ms. Susmita Dey (Basu).
...For the Petitioner.
Mr. Amal Kumar Sen,
Mr. Sabyasachi Mondal.
...For the C.S.T.C.
Affidavit-of-service filed in Court today be kept with the
record.
The petitioner is a Bus Driver in the employment of Calcutta
State Transport Corporation. On 15th June, 2018 while he was
driving a Bus of the Corporation, he was involved in an accident
which resulted in serious injury two ladies on the road. He was
placed under suspension on 16th June, 2018 in contemplation of a
disciplinary proceeding. Criminal action was also initiated against
him and he was granted bail on the same day. Charge-sheet was
issued to him on 20th July, 2018. He replied to the charge-sheet on
26th July, 2018. He is due to retired from service on 31st March,
2019. His grievance is that the Corporation is sitting tight over the
disciplinary proceeding and not complete the same. As a result, he
cannot attend his duty and completing the formalities necessary for
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receiving his retiral benefits. His only prayer is that the Corporation
should complete the disciplinary proceeding at an early date.
I have heard the learned counsel for the parties. Mr. Sen,
learned counsel appearing for the Corporation in his usual fairness
submits that the disciplinary proceeding should be completed
within a stipulated time period. He prays for two months' time.
Accordingly, I direct the Corporation to complete the
disciplinary proceeding that is pending against the petitioner by the
end of January 2019. The petitioner shall not pray for any
adjournment at the hearings of the disciplinary proceeding. It is
also expected that upon completion of the disciplinary proceeding,
the suspension order shall stand lifted.
Since I have not invited affidavits, the allegations contained
in the writ petition are deemed not to be admitted by the
respondents.
W.P. 23147 (W) of 2018 is accordingly disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
( Arijit Banerjee, J.)