CSTC Termination Void, Jiwan Reinstated

Authority: High Court at Calcutta

Order Date: 07 October 2026

Parties: Appellant Sri Jiwan Bahadur Thapa vs. Calcutta State Transport Corporation (CSTC) and other respondents.
Background: Appointed as Trainee Route Driver‑cum‑Conductor on 13 Sep 2000; provisional appointment on 18 Oct 2004; confirmed as permanent employee under Regulation 17A; retirement scheduled for 30 Apr 2024.
Termination: Termination order dated 06 Apr 2010 issued by CSTC without complying with Regulation 39 (no written charges, no opportunity of hearing, no reasoned order).
Single Judge Order (07 Dec 2018): Directed respondents to furnish reasons for unsuitability but did not set aside termination; raised nationality suspicion.
Respondents’ Argument: Cited pending police verification of antecedents and character, claiming employee remained un‑confirmed; police report questioned educational qualifications and nationality.
Legal Issues: (i) Whether termination without following Regulation 39 is valid; (ii) Whether pending verification can indefinitely postpone permanent status under Regulation 17A; (iii) Applicability of Article 311 of the Constitution concerning procedural fairness.

The Court set aside the Single Judge order (07 Dec 2018), the termination orders (06 Apr 2010 and 07 Apr 2010), and the Appellate Authority order (13 May 2010).
Directed CSTC to reinstate Jiwan from the date of termination (06 Apr 2010) and to treat his service as continuous up to his retirement date (30 Apr 2024) for the purpose of calculating pensionary benefits.
Respondents must pay the pension arrears, actual pension, and all consequential benefits within eight (8) weeks from the date of communication of this order.
No order as to costs was made.

Topics: Employment Law, Public Transport, Judicial Review