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    Bihar State Construction Corporation And Others v. Thakur Munendra Nath Sinha And Others

    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 of 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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    Bihar State Construction Corporation And Others v. Thakur Munendra Nath Sinha And Others
    (Jan 12, 1988)