Ejajul Islam vs The State Of West Bengal & Ors
2024 Latest Caselaw 1796 Cal/2

Calcutta High Court

Ejajul Islam vs The State Of West Bengal & Ors on 14 May, 2024

Author: Soumen Sen

Bench: Soumen Sen

ORDER SHEET
                                                                              OD-5


                                  IA No. GA/1/2023
                                  APO No. 36 of 2023
                                         With
                                   WPO/3327/2022

                     IN THE HIGH COURT AT CALCUTTA
                      CIVIL APPELLATE JURISDICTION
                            IN APPEAL FROM ITS
                    CONSTITUTIONAL WRIT JURISDICTION
                               ORIGINAL SIDE


                              EJAJUL ISLAM
                                VERSUS
                    THE STATE OF WEST BENGAL & ORS.



 BEFORE:
 The Hon'ble JUSTICE SOUMEN SEN

And The Hon'ble JUSTICE UDAY KUMAR Date: 14th May, 2024.

Appearance:

Mr. Debdutta Basu, Adv.

For the petitioner.

Mr. Amal Kumar Sen, Adv.

Mr. Sabyasachi Mondal, Adv.

For the CSTC.

The Court :- The appeal is arising out of an order passed by the learned

single Judge dated 20th January, 2023 in a writ petition in which the petitioner

has challenged the order of disengagement on the ground of violation of

principles of natural justice.

Mr. Debdutta Basu, learned counsel appearing on behalf of the

petitioner has submitted that in terms of the agreement for engagement of

conductors on contract basis for Calcutta State Transport Corporation,

disengagement without notice or on payment in lieu of notice at anytime is

permissible, in the event of the conductors conducting himself in any manner

prejudicial to the interest of the corporation and more particularly in respect of

the cases enumerated in clause-16 of the said service condition. One of the

grounds on which the service can be disengaged is fraud or misappropriation

or any other defalcation. The petitioner was disengaged on 24 th December,

2020 under clause-16(iv), (vi) and (vii). The relevant clauses are reproduced

below:-

"16(iv) Gross carelessness and inattention to or neglect of work or duties.

(vi) Breach of trust or breach of confidence with reference to official

secrets of the corporation.

(vii) Fraud or misappropriation or any other defalcation".

The order of disengagement has referred to the past antecedents and also

the undertaking the petitioner furnished, on the basis of which he was allowed to

be joined on 4th September, 2020. The writ petitioner in the petition has not even

alleged that the basis of the disengagement letter is factually incorrect or wrong.

When the facts are admitted and self-evident, there cannot be any need to have a

departmental proceeding.

On such consideration, the judgment reported in (2022) 6 Supreme Court

Cases 346 (K. Ragupathi-Versus-State of Uttar Pradesh And Others) relied

upon by the learned counsel for the appellant, namely paragraph 14 thereof,

could not be applicable in the instant case.

The appeal along with connected application fails. However, there shall be

no order as to costs.

(SOUMEN SEN, J.)

(UDAY KUMAR, J.)

snn.