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2026 DAILYLAW 18521 (CAL)

SAHABUDDIN SK. v. THE STATE OF WEST BENGAL AND ORS

WPO/206/2026 · 2026-05-05

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OD-6 ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO No.206 of 2026 SAHABUDDIN SK. VS THE STATE OF WEST BENGAL & ORS. BEFORE: The HON’BLE JUSTICE AMRITA SINHA Date:5thMay, 2026. Appearance: Mr. DebduttaBasu Adv. Ms. SoumalikaNandan, Adv. ...for the Petitioner. 1. The petitioner was serving as contractual conductor of the Calcutta State Transport Corporation. 2. Relying on the bag checking report dated 29th July, 2025, the Administrative and Personnel Officer, Central Traffic Office vide communication dated 6th August, 2025 intimated the Depot Manager, Thakurpukur depot to stop the duty of the petitioner with effect from 8th August, 2025. 3. The petitioner was not intimated the reason for stoppage of duty. 4. Learned advocate for the petitioner alleges that verbally the petitioner was intimated that a sum of Rs.90/- was found to be in excess in his bag. The petitioner made representation submitting that the said money was there in the bag due to inadvertence and he did not have any mala fide intention in keeping the said money in his bag. Representation filed by the petitioner remained unanswered. 2 5. Vide impugned order dated 18th February, 2026 the petitioner was directed to pay a fine of Rs.900/- which is an amount ten times of the excess which was found in his bag. The petitioner was reassigned duty from Thakurpukur depot to Lake depot. The petitioner has not paid the fine as directed. He made representation before the authority requesting withdrawal of such direction for payment but there is no response from the end of the authority till date. 6. Specific submission of the petitioner is that without issuance of any charge or allegation against the petitioner, the authority directly imposed fine upon him. No opportunity of hearing was given to the petitioner. The amount of fine to be paid is not quantified in the Service Rules. The petitioner disclosed in his representation that the said amount was in his bag by mistake and the same was not intentional. 7. Prayer has been made to set aside the impugned direction imposing fine and also to expunge the word ‘re-joining’ in the impugned order dated 18th February, 2026. 8. None appears on behalf of the respondents despite service. 9. In the absence of the respondents, it is not possible for the Court to decide the issue conclusively. 10. As it appears that the petitioner has filed a representation before the Managing Director of the Calcutta State Transport Corporation and the same is pending consideration before the authority, accordingly, the instant writ petition stands disposed of by directing the Managing Director of the Calcutta State Transport Corporation to take a decision on the representation filed by the petitioner strictly in accordance with 3 law after giving him a reasonable opportunity of hearing to defend himself and by passing a reasoned order at the earliest, but positively within a period of eight weeks from the date of communication of this order. A reasoned order shall be passed and communicated to the petitioner. If the prayer of the petitioner is allowed, then necessary consequential steps shall be taken by the authority without any further delay. 11. Learned advocate for the petitioner is directed to forward a copy of the subject representation along with all supporting documents to the aforesaid respondent at the time of communicating the order of the Court. 12. The writ petition stands disposed of. 13. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 14. Urgent certified photocopy of this order, if applied for, be supplied to the parties or their advocates on record expeditiously on compliance of usual legal formalities. (AMRITA SINHA, J.) nm