JUDGMENT

C.K. Prasad, J. —

1.This petition for special leave to appeal is against the judgment and order dated 24.09.2008, passed by the Calcutta High Court in MAT No.567 of 2008, whereby it had dismissed the appeal preferred by the petitioner and affirmed the order of the learned Single Judge dated 17.04.2008 passed in W.P.No.4100(W) of 2008 quashing the order of punishment inflicted on respondent No.1.

2.Leave granted.

3.Short facts giving rise to this appeal are that the writ petitioner-respondent No.1, hereinafter referred to as the delinquent employee was at the relevant time working as Conductor with the appellant -South Bengal State Transport Corporation. On 17.02.2007 he was assigned duty in a Bus bearing Registration No.WB-39/2110, plying between Durgapur to Baharampur. The said bus was checked by the checking squad at Baharampur and they detected one ticketless passenger, who was going towards Baharampur from Kandi. The checking squad collected fine from the said passenger. Further a sum of Rs.345/- was found in excess in the Conductor’s cash-bag. The Divisional Manager, Durgapur Division of the South Bengal State Transport Corporation is the disciplinary authority of the del