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RAJESH KUMAR VERMA
Umesh Prasad, S/o. Late Brijnandan Prasad – Appellant
Versus
Bihar State Beverage Corporation Ltd. , through the Managing Director – Respondent
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 :-
(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 Corpor
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.
To pay any salary/pay scale lesser than what was offered at the time of inviting the applications would be changing the conditions of service is not permissible.
Point of Law : Service Law – Charge sheet - At the charge sheet stage, the Court will not go into the correctness of the charges. It is for the Inquiry Officer who has been appointed by the Disciplin....
Judicial review of administrative actions is limited; transfers and suspensions are permissible unless proven to be mala fide or against established guidelines.
Point of law: Postings and transfers of various classes or categories of posts shall be made by the appointing authority or any higher authority. The Managing Director shall with the approval by the ....
A transfer order is valid if issued by the competent authority and is an administrative necessity, barring cases of mala fides or arbitrariness.
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