The Bihar State Construction Corporation & Ors. Vs. Thakur Munendra Nath Sinha & Ors.
EmailAppeal: Civil Appeal No. of 1988
(In SLP No. 15926/87)
(In SLP No. 15926/87)
Petitioner: The Bihar State Construction
Corporation & Ors.
Corporation & Ors.
Respondent: Thakur Munendra Nath Sinha & Ors.
Apeal: Civil Appeal No. of 1988
(In SLP No. 15926/87)
(In SLP No. 15926/87)
Judges: A.P. SEN & E.S. VENKATARAMIAH, JJ.
Date of Judgment: Jan 12, 1988
Head Note:
CIVIL SERVICE
Appointment – Order of High Court directing the appellant to appoint the respondent on ad-hoc basis to the post of General Manager set aside – However the direction of the High Court requiring the appellant to take immediate steps to fill the post of General Manager retained.
JUDGEMENT:
O R D E R
1. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties, we are satisfied that it was not a proper exercise of jurisdiction on the part of the High Court to have issued a writ of mandamus directing appellant No.1, the Bihar State Construction Corporation, to appoint on an ad-hoc basis respondent No.1, Thakur Munendra Nath Sinha to the post of General Manager of the Corporation within a week. We, accordingly, set aside the order of the High Court to that extent. We however retain the direction made by the High Court requiring the Corporation to take immediate steps for filling up the post of General Manager in accordance with the rules and to consider the case of respondent No.1 also for that post within a period of four months.
3. The High Court will now dispose of Writ Petition No. 498/84 at an early date. The contempt proceedings before the High Court shall remain stayed.
4. The appeal is disposed of accordingly. There will be no order as to costs.
1. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties, we are satisfied that it was not a proper exercise of jurisdiction on the part of the High Court to have issued a writ of mandamus directing appellant No.1, the Bihar State Construction Corporation, to appoint on an ad-hoc basis respondent No.1, Thakur Munendra Nath Sinha to the post of General Manager of the Corporation within a week. We, accordingly, set aside the order of the High Court to that extent. We however retain the direction made by the High Court requiring the Corporation to take immediate steps for filling up the post of General Manager in accordance with the rules and to consider the case of respondent No.1 also for that post within a period of four months.
3. The High Court will now dispose of Writ Petition No. 498/84 at an early date. The contempt proceedings before the High Court shall remain stayed.
4. The appeal is disposed of accordingly. There will be no order as to costs.
