SHIVKUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The ptitioner, an employee of the Bihar State Hydroelectric Power Corporation Limited (for short, the Corporation), a Government of Bihar undertaking, has filed this writ application under Articles 226 and 227 of the Constitution seeking writ, order or direction quashing the notification appointing Mr. Ramkaran Pal, respondent No. 4 as the Chairman of the Corporation on various grounds. The Corporation is a company registered under the Companies Act, 1956 and is governed by the Companies Act and its Memorandum and Articles of Association. There are five respondents, namely,

(2.) The petitioner has challenged the appointment of Mr Ramkaran Pal on three grounds :

(3.) On orders being issued respondents 1, 2 and 3 have filed their counter-affidavits through Mr. Bankey Lal Prasad, Registrar, Energy Department of the Government of Bihar and respondent No. 5 through Mr. Uday Kant Thakur, Manager (Personnel & Administration) in the Corporation. Respondent No. 4 though represented by his counsel did not choose to file any counter affidavit denying the allgations made against him. We have, therefore, to draw in adverse presumption against him that perhaps allegations made against him are true.