BRAJ BEHARI TEWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner has challenged the order dated 7.11.2002, by virtue of which his appointment in Bihar State Electronics Development Corporation Limited (hereinafter to be referred to as the Corporation) was terminated after more than 21 years of service on the ground that the appointment in question was irregular. The petitioner challenges the above decision of the Managing Director to terminate his service as an act of haste, non -application of mind, violation of principles of natural justice, promissory estoppel as well as the order itself being based on non est grounds. The contention of the petitioner with regard to the challenge thrown at the impugned order shall be dealt with subsequently as it is important to take note of some facts which has bearing on the decision of the case.

(3.) STATE of Bihar incorporated a Company, which is Bihar State Electronics Development Corporation Limited. This was done on 21.2.1978 and the same was registered as a Government Company having its own Memorandum as well as Articles of Association. After the incorporation of the Company to promote its object of giving impetus to the electronics industry in the State of Bihar the company went on a head hunting spree. The Corporation advertised a post of Deputy Director, Electronics Testing and Development Centre under the Corporation. A very High Power Committee was set up for conducting interview and selection to be made for the same said post. The Committee vide its decision dated 21st September, 1979 short -listed three candidates for appointment to the said post. Petitioner figured at serial number 2. A perusal of Annexure -1 would show that the Committe consisted of some eminent officials of the State of Bihar of their time including a technical expert member, who was Major General K.K. Mehta, Advisor to the Department of Electronics, Government of India.