of the appellant was mala fide, that though they were senior to the appellant and possessed the requisite qualification and two of them viz.
It appears that the appellant who, passed the final examination of Bachelor of Science Engineering in Tele Communication of the Ranchi University held in August, 1962 was appointed by the Bihar State Electricity Board hereinafter referred to, as the Board as Assistant Engineer Tele Communication in September, 1963 on a salary of Rs.
From the Judgment and Decree dated 13 5 1969 of the Patna High Court, in Civil Writ Jurisdiction Case No.
220 25 320EB 25 670 EB 30 750.
730 35 870 40 1070 EB 45 1250, for the said Tele Communication Division with effect from June 22, 1968 to February 28, 1969.
Harkishore Singh and Dina Nath Singh had studied telecommunication as one of their subjects in the final examination of B.Sc.
A few weeks after his recruitment, the appellant was sent by the Board to the headquarters of Messrs Brown Boveri and Company Limited, Baden, Switzerland for six months specialized training in power line carrier, tele metering and tele con trol equipment in the modem power system.
2 to fill up the post of the Executive Engineer Tele Communication after companysidering the case of respondents 3 to 28 and specially of respondents 3 and 4 along with the case of the appellant or with the case of any other Assistant Engineer whose case in the opinion of the Board may be fit to be Considered in the light of the said judgment was issued.
On his return from Switzerland and resumption by him of his duty as Assistant Engineer Tele Communication the appellant was deputed to look after the entire telecommunication system of the Board.
In June, 1968, the Board felt the necessity of maintenance of efficient companymunication service between the vital centres of generation, utilization and administration for ensuring reliability and companytinuity in power supply which would facilitate quick supervision and checking of the then existing arrangements at the generating stations, receiving sub stations and distributing areas as also the necessity of proper supervision and handling by trained and qualified personnel of a large number of wave change over companymunication equipments on 33 KW Transmission line which had been installed in the Tele Communication Sub Division of the Board at Patna and were maintained and aligned with the help of special electronic instruments.
1825 of 1969.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
460 of 1968 filed by respondents 3 to 28 herein was allowed, Notification No.
The circumstances giving rise to this appeal lie in a short companypass.
2, appointing the appellant as officiating temporary Executive Engineer Tele Communication , Tele Communication Division, Patna was quashed and a writ of mandamus companymanding respondent No.
460/68.
Accordingly, the Board accorded sanction to the creation of a temporary Tele Communication Division with head quarters at Patna as also to the creation of a temporary post of Executive Engineer Tele Communication in the replacement scale of pay of Rs.
Sarjoo Prasad and U. P. Singh for Respondent No.
C. Agarwala and R. K. Garg for the Appellant.
SS A 1 103/68/2676/EB dated June 24, 1968 issued by the Bihar State Electricity Board, respondent No.
The Judgment of the Court was delivered by JASWANT SINGH, J. This appeal by certificate granted by the High Court of Judicature at Patna under Article 133 1 a and b .of the Constitution is directed against the judgment and order dated May 13, 1969 of that Court whereby Civil Writ Petition No.
2 For respondents 1 and 3 28 Ex parte.
