The Managing Director of the Corporation acted within his authority under the Articles of Association to impose salary recovery, and the petitioner was afforded due process.

JUDGMENT :

(Rajesh Kumar Verma, J.)

Heard Mr. Kumar Kaushik, learned counsel for the petitioner and Mr. Girijish Kumar, learned counsel for the Bihar State Beverage Corporation Limited.

2. The present writ petition has been filed for the following reliefs :-

“(i) For issuance of order, direction or writ of certiorari or any other appropriate writ for quashing the office order contained in Memo No. 1991 dated 30.06.2015 whereby and whereunder the respondent no. 2 has imposed the punishment of the recovery of Rs. 3,35,880/- at the rate of 50% from the salary of the petitioner with effect from July, 2015.

(ii) For issuance of order, direction of any other appropriate writ for staying the operation of the aforesaid order contained in Memo No. 1991 dated 30.06.2015 during the pendency of the present writ application.

(iii) For issuance of order, direction or writ of mandamus or any other appropriate writ for directing the respondents to refund the amount recovered by the respondent authorities in pursuance of the aforesaid order contained in Memo No. 1991 dated 30.06.2015.”

3. Learned counsel for the petitioner submits that pursuant to an advertisement issued by the Bihar State Beverage Corporation Limited (hereinafter as ‘the Corporation’) bearing No. BSBCL/HR & Admn/09-10/287 dated 29.07.2009 inviting an application for appointment to different posts from amongst employees’ Corporation/Boards/Instrumentality of the State, Central Government. Learned counsel for the petitioner submits that the petitioner being eligible applied for the post of Assistant Account Officer and was duly selected. Consequently, the petitioner was appointed as Assistant Account officer on deputation for one year in the pay scale of 4500-7000 vide order no. BSBCL/HR/09-10/678/730 dated 17.03.2010. The petitioner submitted his joining on 03.05.2010 on the post of Assistant Account Officer and his period of contract was extended after one year. Learned counsel for the petitioner submits that prior to his appointment in the respondent-Corporation, the petitioner was working in Bihar State Corporative Land Development Bank, Patna since 01.10.1987. Again the Corporation issued an advertisement bearing no. BSBCL/HR/756/11-12/2162 dated 29.05.2013 inviting application for appointment to various posts in the Corporation for a period of one year. The aforesaid advertisement also invited applications from the employees working in the respondent-Corporation due to which the petitioner applied for the post of Depot Manager-cum-Account Officer, the pay scale for which was provided in the advertisement itself and it was fixed to the Rs. 5500-9000. The petitioner thereafter appeared in the selection process and was duly selected for appointment to the post of Depot Manager-cum-Accounts Officer. Pursuant to the Officer Order No. HBSBCL/HR/756/11-12/3880 dated 24.09.2013 of the Corporation by which the selected candidates were directed to join at their respective place of posting. The petitioner was directed to join on the post of Depot Manager-cum-Account Officer and he was posted at Sasaram.

4. Learned counsel for the petitioner submits that the respondent-Corporation issued an order dated 13.10.2014 by which all the Depot Managers were directed to extend the contract of the employees appointed in October, 2013 only on the condition that they would be paid the salary along with the allowances which was payable to them in their parent Corporation. While the petitioner was posted at Depot Manager at Country Liquor Depot, Sasaram, he had reported to the General Manger that about 76011 bottles/Sachets of 400 ml of spicy brand (SPB-CS-PET-400) was lying unsold at the Sasaram Depot pursuant to which necessary directions were issued from the Headquarters. Learned counsel for the petitioner submits that pursuant to the aforesaid direction, a transfer out order dated 29.05.2015 was issued from Sasaram Depot to the Spicy Beverage Private Limited for transferring 76011 bottles/sachets to t