PARITOSH KUMAR MUKHERJEE, J. ( 1 ) THE present writ petition has been moved by Syed Zamir Hossain an ex Conductor of Durgapur state Transport Corporation, who had challenged an order of dismissal from service in a departmental proceedings, which was passed by General Manager of the said Corporation on August 24, 1982 and which has been affirmed by the Appellate Authority with a single sentence order that the Appellate Authority had no ground to interfere with the decision of the General Manager and accordingly rejected the appeal, which is Annexure 'g' to the original writ petition and Annexure 'a' to the supplementary affidavit. ( 2 ) AT the time of commencement of hearing of the writ petition, an application for amendment was filed whereby the writ petitioner took the point of law and had taken a specific ground that 'no requisite' Rules were rammed by the Authorities concerned namely The Durgapur state Transport Corporation and that by not tramping of such requisite Rules, the petitioner's services could not be terminated, in departmental proceedings by taking recourse to enquiry proceedings, in terms of West Bengal Services (Classification, Control and Appeal) Rules, 1971, Which applies only in respect of Government Servants. ( 3 ) ALTHOUGH the Rule was issued on October 14, 1982, B granted interim order was granted by B. C. Basak J and an appllcation for the aforesaid amendment was heard by me, after assignment by the Hon'ble Chief Justice and the same was allowed after a "contested hearing" on July 11, 1985. Subsequently on November 19, 1985 when the above mater was taken up for hearing Mr. Tapan Kumar Sengupta appearing with Mr D. Bera for Durgapur State Transport Corporation took time to ascertain the position as to whether there is any express orders have been made by the State Government, applying the provisions of West Bengal (Classification, Control and Appeal) Rules 1971, to the employees of the Durgapur State Transport Corporation, similar to Government orders disclosed, in Annexure 'b' to the affidavit-in-opposition an such prayer was granted by me and the matter was taken up for further hearing, today before me when Mr. D. Bera learned Advocate for the Durgapur State Transport Corporation submits on instructions that there is "no such '' order passed by the appropriate authority extending the provisions of the aforesaid Rules of 1971 in respect of Durgapur State Transport Corporation employees. D. Bera learned Advocate for the Durgapur State Transport Corporation submits on instructions that there is "no such '' order passed by the appropriate authority extending the provisions of the aforesaid Rules of 1971 in respect of Durgapur State Transport Corporation employees. ( 4 ) AT the resumed hearing, Mr Swadesh R. Bhunia learned Advocate appearing with Mr. Johirul Islam submitted that by taking recourse to the provisions of S. 34 of the Road Transport Corporation Act, 1950, the respondent cannot go on for indefinite period, without framing any Rules, regulating the service conditions of the employees, as it has been done in the present case. ( 5 ) HE has drawn my attention to the statements made in paragraph 20 of the affidavit-in-opposition, in particular to the following portions, where the deponent Sridhar Kumar Ghosh, Deputy Managing Director (Traffic), Durgapur State Transport Corporation has stated that the Road Transport Corporation Act, 1950, was amended in 1959 (West Bengal Amendment Act), in its application to West Bengal, and S 3 (h) of the amending Act runs as follows: - 3 (h) - All rules and orders made orders made and notifications issued by or under the authority of the State Government in respect of the State Undertaking, and continuing in force immediately before the establishment of the Corporation, shall in so far as they are not inconsistent with the provisions of the Act, continue in force after such establishment as if they had been made or issue by the appropriate Authority under this Act, until they are altered, repealed or amended. ( 6 ) SO sub-s (h) - of S. 3 of the amending Act provides that all rules and orders made under the authority of the State Government shall be applicable to the employees of the Corporation until formulation of regulation of its own. So it is not true that the West Bengal (Classification, Control and Appeal) Rules is not applicable to the employees of Corporation. ( 7 ) THE said deponent further referred to signature of order communicated under the Assistant Secretary to the Government of West Bengal, Home (Transport) Department when he had informed to the Chief Executive being No. 8522-WT/t 12-B-33/70 dated 20. 10. 71 that West Bengal Service (Temporary and uasi-permanent Service and Service with Permanent Status) Rules 1967 and the West Bengal Government Servants Conduct Rules, 1959 shall apply to the said employees. 10. 71 that West Bengal Service (Temporary and uasi-permanent Service and Service with Permanent Status) Rules 1967 and the West Bengal Government Servants Conduct Rules, 1959 shall apply to the said employees. The order was issued with the concurrence of the Finance Department Notification No 627-F dated 9-10-1971 The said order is set out herein below :-"government of West Bengal home (Transport) Department. From : Shri M. M. Sarkar, W. B. C. S. , assistant, Secy. To the Govt. of West Bengal, to : the Chief Executive Officer, durgapur State Transport Board, durgapur no 8522 WT/t 12b-33/70 dated, Calcutta the 20th Oct 71 sir, i am directed to say that this Department has been advised by law officers of Government that the DSTC employees are Government servants Consequently, the West Bengal Service (Temporary and Quasipermanent Service and Service with Permanent Status) Rules, 1967 and the West Bengal Govt. Servants' Conduct Rules, 1959 shall apply to the said employees. Necessary further action may be taken and all concerned informed accordingly. This order is issued with the concurrence of the Finance Department vide their u/o no 627-F A. dated 9-10-71. The Accountant General, West Bengal has been informed. Yours faithfully, sd/- M. M. Sarkar, asstt. Secy. To the Govt of West Bengal" ( 8 ) AFTER referring to the aforesaid statement from the affidavit, and the corresponding Annexure Mr. Bhunia submits that as the provisions of the West Bengal Civil Service (Classification, Control and Appeal) Rules, 1971 has not been made applicable in respect of the employees of the Durgapur State Transport Corporation, as such, no enquiry could be conducted by taking recourse to the provisions of the said 1971 Rules and as such, the entire enquiry from the starting of issuance of the show cause notice, charge and the final order have been vitiated, as has not been held not in accordance with law. ( 9 ) HE further submitted that the inquiry was conducted although by the authorities not in accordance with any Provisions of the relevant Rules, Which could have been made applicable in the case of the writ petitioner, and as such, the final order of dismissal was passed without jurisdiction, by the disciplinary authority. ( 10 ) HE further submits the one line rejection by appellate order affirming the final order was also liable to be set-aside on that score. ( 10 ) HE further submits the one line rejection by appellate order affirming the final order was also liable to be set-aside on that score. ( 11 ) ON Merits of the case, he submitted that the charges being negligible in nature namely, a sum of Rs 3. 96 paise was detected excess calculation from the collection bag of the writ petitioner on February, 21 1982 at about 3. 15 hours, When the petitioner was performing duty in Vehicle No. 3974 Durgapur Siliguri route, which was checked by Checking squad at Dalkhola stoppage and further realization of a sum of Rs. 15/- as less fare instead of actual fare of Rs 20. 25 paise from one passenger in the said vehicle on the said ticket and thereby causing loss of Rs 68. 30 paise to the Corporation etc and the final order of dismissal was disproportionate to the said charge as the write petitioner could have been released after due warning. ( 12 ) ACCORDING to the learned counsel in support of his contention he has cited certain decisions of the Supreme Court reported in AIR 1973 SC 1227 . The Workmen of Firestone Tare and Rubber Co of India P. Ltd v. Management and other In particular he has referred to the observation of the Supreme Court in paragraph 38 of the said judgment where the Tribunal has come to the conclusion that the punishment imposed by the domestic inquiry authority was harsh. He has also referred to another decision of the Supreme Court reported in AIR 1984 SC 321 relating to imposition of punishment disproportionate to the magnitude to the charge and also he has referred to the other authorities. All these decisions related to Industrial Disputes matters and not relating to Civil Servants, within the meaning of Article 311 of the Constitution. ( 13 ) LASTLY, Mr. Bhunia learned Advocate submitted that the order of Commissioner, Burdwan Division and the chairman, Durgapur State Transport Corporation which has been annexed along with the supplementary affidavit does not give any independent reasons in support of coming to the finding by the appellate authority for rejecting the appeal of the petitioner, the said order cancot be supported in the eye of law. ( 14 ) CONTROVERT there points, Mr. ( 14 ) CONTROVERT there points, Mr. Bera appearing on behalf of the Corporation has strenuously argued that the Corporation is competent to conduct the inquiries in terms of the provisions of West Bengal Civil Services (Classification, Control and Appeal) Rules, 1971, as it has been done in the instant case and he has strongly relied on the Road Transport Corporation West Bengal Amendment Act, 1959 and in particular S. 3 (h) (ibid ). ( 15 ) IN reply to that submissions of Mr Bera, Mr. Bhunia has drawn my attention to the fact that the aforesaid amendment had taken place only in 1959 when the 1971 Rules had not seen the light of the day and as such, by no stretch of imagination the said Rules could be made applicable and he has further drawn my attention to Clause 25 of 1971 Rules. Whereby Bengal Subordinate Services (Discipline and Appeal) Rules, 1963 when were in force immediately before the commencement of these Rules and applicable to Government Servants to whom these Rules apply were repealed. ( 16 ) AFTER considering the respective submissions of the parties, and after coming to the relevant provisions of the Road Transport Corporation Act, 1950 and its amendment made in 1959 referred to above and in particular Clause (2) of West Bengal Services (Classification, Control and Appeal) Rules, 1971, I am of the opinion that there is great deal of force in the contentions of Mr. Bhunia as it appears that the said Rules of 1971, by Clause (2) has been made applicable to all Government Servants The Clause 2 is set out herein below :-" (2) Application - (1) these rules shall apply to all Government Servants except: - (i) Persons paid at daily rates; (ii) Persons against whom action is taken or proposed to be taken under Rules, 1949, reproduced in Appendix I in respect of matters covered by the provisions of those rules; (iii) Members of the All India Services; (iv) Inspectors of Police and members of the Subordinate Police Force and (v) Members of the West Bengal Higher Judicial Service and the west Bengal Civil Service (Judicial), and they shall also apply to persons for whose appointment and other matters covered by these rules, special provision is made- (i) by or under any law for the time being in force, or (ii) by an agreement made with them, in respect of matters not covered by the provisions of such law or agreement. " ( 17 ) AS in the instant case, like the provisions and other Rules namely, West Bengal Services (Temporary and Quasi permanent services and Services with Permanent Status) Rules, 1967 and the West Bengal Government Servant Conduct Rules, 1959, had not been made applicable by issue of separate Notification and in concurrence with Finance Department, no enquiry could be held in the case of Durgapur State Transport Corporation employees, by taking recourse to 1971 Rules. ( 18 ) AS on this ground alone, this writ petition is entitled to succeed ( 19 ) ACCORDINGLY, this Court is not called upon to decide the propriety or otherwise of the final order of dismissal and appellate order affirming the said order, which are non est. in the eye of law, as the entire proceedings has been conducted not in accordance with any rules, which can be applicable in the case of the petitioner lawfully. ( 20 ) ACCORDINGLY the writ petition is entitled to succeed I quash the impugned final order of dismissal dated 24th August, 1982 passed by the General Manager, Durgapur State Transport Corporation and the appellate order as passed by the Commissioner of Burdwan Ex-Officio, Chairman, Durgapur state Transport Corporation which has been communicated by letter dated June 23, 1983 by appropriate writ ( 21 ) LET a writ in the nature of certiorari issue. I make it clear that this order will not prevent the respondents from proceeding in accordance with law, from the stage of charge stet. The Rule is made absolute. Rule made absolute.