BIRENDRA KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioner for quashing the order dated 5-7-1989 (Annexure-1) issued by the respondent Chairman-cum-Managing Director, Bihar State Export Corporation, Biscoraaun Bhawan, Patna (in short' the Corporation" only) by which it has been communicated that in view of the decision taken by the Board of Directors, this petitioner is discharged from his service of the Corporation with immediate effect.

(2.) The relevant facts may be stated in short. The petitioner was appointed in service of the Corporation on 10-7-1985 and was posted as the Administrative cum-Information Officer which was subsequently re-designated as Personnel and Administrative Officer. Subsequently by an order dated 6-8-1988, the petitioner was transferred on the post of Sales Manager in a Vihanka Show room of the Corporation at Patna. The petitioner objected to his said transfer by filing representation but the same was rejected. Then the petitioner challenged the order of transfer by filing a writ petition in this Court being C.W.J.C. No. 6656 of 1988 and 29-9-1988 a Bench of this Court issued notice against the respondents and on in the meantime stayed the operation of the transfer order in the following terms: Until further orders, operation of the order as contained in Annexure-1 shall remain stayed if it has not taken effect BO far.

(3.) On the strength of the said order, the petitioner did not join the post of Sales Manager where he was transferred. As such by order dated 6-10-1988 (Annexure-12) a departmental proceeding was initiated against the petitioner pursuant to a decision of the Board of Directors and the petitioner was put under suspension. During the period of suspension the Head Quarter of the petitioner was fixed at Viharika show room and it was said that he will be entitled for subsistance allowance as per rules. Thereafter the petitioner was served with a charge-sheet, (Annexure-4). The charges were in the following terms: