Pay scale of bus conductor restored by High Court after 18 years

Justice Partha Sarathi Chatterjee set aside the punishment order of the disciplinary proceedings and appellate authority to the bus conductor under the CSTC. 

MP, 15 Apr 2024, Kolkata: The Calcutta High Court recently directed restoration of the pay scale of a bus conductor which was reduced in 2006 after a disciplinary proceeding was conducted against him for allegedly having an excess of Rs 225 in his cash bag. Justice Partha Sarathi Chatterjee set aside the punishment order of the disciplinary proceedings and appellate authority to the bus conductor under the Calcutta State Transport Corporation (CSTC). 

Under the chargesheet filed against the bus conductor, he was accused of failing to maintain a correct and proper account in a cash bag and failure to perform the duty with due devotion and care. In 2005, the disciplinary proceedings against him were concluded and his pay scale was reduced to a lower stage. 

He had appealed to an appellate authority but the same was decided against him which prompted him to file a case in Calcutta High Court. In the judgement, Justice Chatterjee observed that the scope of the court exercising the power of judicial review is restricted and limited. 

However, the court can interfere if it is found that the final order or the findings of the enquiry officer was based on no evidence or that the available evidence were not properly assessed. 

“If the decision is shockingly disproportionate compared to the proven misconduct then the court can interfere,” it was stated. 

In this case, the Corporation could not produce any record despite being repeatedly asked to do so. Hence the Court observed that there was no scope to prove whether the petitioner was given opportunity to cross examine the management witness or not. 

The court directed the authority to restore the scale of pay of the bus conductor from the date it was reduced. 

https://www.millenniumpost.in/bengal/pay-scale-of-bus-conductor-restored-by-high-court-after-18-years-559950