those involved in Distribution, General, Transmission and Common Services would stand transferred to the Holding Company. Clause 6.3 states that subject to sub-clause 6.2, the personnel shall stand transferred further from Holding Company, which includes all personnel working with the Transmission, Generation and Distribution functions and activities. Though the Petitioner was posted as General Manager, Finance and Accounting, the nature of service of the Petitioner falls under the Common Services. Therefore, service rendered by the Petitioner in BSPTCL may be on deputation or lien, but the Appointing Authority was always BSPHCL. Entry2, Part-II of Schedule-F to the Scheme refers to the Common Services which includes Accounts and Finance. This would indicate that the Petitioner continues to be under the Holding Company. The transfer orders (Annexure-3) of the Petitioner were passed by the BSPHCL. Therefore, the order of dismissal was approved by the CMD, BSPHCL though at the relevant point of time the Petitioner was posted at BSPGCL. Therefore, according to the Petitioner, initiation of departmental proceeding by submission of charge-sheet by the General Manager (HR/Adm.) of BSPTCL is bad in law and a nullity.
