1988 INSC 0015
                               Bihar State Construction Corporation and Others

                                                           Vs

                                    Thakur Munendra Nath Sinha and Others

                                          Civil Appeal No. 179 of 1988

                                        (A.P. Sen, E.S. Venkataramiah JJ)

                                                      12.01.1988

                                                        ORDER

1. Special leave granted. Arguments heard.

2. After hearing learned counsel for the parties, we are satisfied that it was not a proper exercise of
jurisdiction on the part of the High Court to have issued a writ a mandamus directing appellant 1,
the Bihar State Construction Corporation, to appoint on an ad hoc basis respondent 1, Thakur
Munendra Nath Sinha to the post of General Manager of the Corporation within a week. We
accordingly, set aside the order of the High Court to that extent. We however retain the direction
made by the High Court requiring the Corporation to take immediate steps for filling up the post of
General Manager in accordance with the rules and to consider the case of respondent 1 also for that
post within a period of four months.

3. The High Court will now dispose of Writ Petition No. 493 of 1984 at an early date. The contempt
proceedings before the High Court shall remain stayed.

4. The appeal is disposed of accordingly. There will be no order as to costs.

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