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2003 Supreme(Pat) 1084

SACHCHIDANAND JHA, B.N.P.SINGH
Md. Amanullah – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sachchidanand Jha, J.

1. This writ petition on behalf of sole petitioner is directed against the order of the District Magistrate, Muzaffarpur dated 3-4-2003 by which a departmental proceeding has been initiated against him and he has been repatriated to his parent organisation, namely, Bihar Finished Leathers Limited. It may straightaway be stated that validity of the departmental proceeding is not under challenge in this writ petition, the petitioner is only aggrieved by the repatriation part of the order.

2. The case of the petitioner is that he was appointed as Accounts Assistant in the Bihar Finished Leathers Limited, a Government company incorporated under the Companies Act, in 1979. In 1990 the financial-condition of the company deteriorated so much so that it was not in a position to even pay salary to its employees. Like this company, many Boards and Corporations of the State too had become sick. The State Government came out with a scheme for rehabilitation of the employees of such Boards, Corporations and Companies vide letter No. 128 dated 1-3-1996 of the Finance Department. At the first instance they were deputed as Accounts Clerk in different District Treasuri








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