IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.W.J.C. No. 1793 of 2001
Madhu Sudan Mittal Vs. Jharkhand State Electricity Board & Others
With
W.P. (PIL) No. 4611 of 2009
Rohit Kumar Choudhary Vs. State of Jharkhand & Others
With
W.P. (PIL) No. 2918 of 2010
Palamau Chamber of Commerce Vs. State of Jharkhand & Others
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CORAM : HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE H. C. MISHRA
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For the Petitioner : Mr. A. K. Singh, Amicus Curiae.
For the Respondent-State : Mr. R. R. Mishra, G.P.II.
For the Respondent-J.S.E.B.: Mr. V.P. Singh, Sr. Advocate.
and M/s. A. K. Pandey and P. K. Singh, Advocates.
For the Respondent-Regulatory Commission : Mr. S. Srivastava, Advocate.
For the Respondent-D.V.C. : Mr. R. S. Mazumdar, Sr. Advocate.
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Order No. 217 Dated: 18th of May, 2011
On 25th April 2011, learned counsel for the C.B.I. informed that
C.B.I. has a definite conclusion that there are irregularities and illegalities
which require investigation and for that they need assistance of experts in
financial matters and technical matters.
2. In view of the request of the C.B.I., this Court directed the
authorities i.e. Central Electricity Authority and the Comptroller and Auditor
General of India to consider the request of the C.B.I. for providing assistance
to find out the criminality in the actions of the officers and the persons on the
affairs of the State Electricity Board.
3. By the said order dated 25th April 2011, learned Advocate
General was directed to apprise the Chief Secretary in the matter of taking
action against such erring officers and it was further directed that the follow
up action may be reported to this Court by the next date.
4. Learned counsel for the C.B.I. submitted that the report which
was shown to this Court on the previous date i.e. on 25th April 2011 reveals
that there is criminality in the actions of the officers and employees of the
Board and they need some more time as they got some further information
with respect to the serious criminality in various matters. Learned counsel for
the C.B.I. today also shown a brief report indicating the serious involvement
of various persons in the matter of serious irregularities, illegalities or of
giving undue advantage to the parties in crores of rupees etc., the details of
which, we would not like to indicate in this order as it may hamper the
investigation but the matter appears to be serious.
5. Though learned counsel for the C.B.I. has prayed for three
month time, but, looking to the seriousness in issue cropped up, we would
like to see the progress in the month of June itself, as this Court had already
directed the concerned authorities i.e. the Central Electricity Authority and
the Comptroller and Auditor General of India to consider the request of the
C.B.I. favourably for providing assistance to find out serious irregularities
which may have been committed against the public; therefore, they must
have been provided such assistance.
6. Therefor, the C.B.I. is directed to place on record the progress
report on 20th June 2011.
7. Learned counsel for the petitioner submitted that the issue with
respect to unbundling of the Electricity Board is pending before the Hon’ble
Supreme Court, but so far as providing electricity to the public of the State
of Jharkhand is concerned, such matter is not pending before the Hon’ble
Supreme Court and it is pointed out that this Court has passed several orders
and all orders only aim at seeing that the people of Jharkhand may get the
electricity in time uninterruptedly. At this juncture, we would like to
mention here that the Public Interest Litigation Petition was filed in the year
2001 and the brief of the writ petition is running in total 18 pages, whereas,
the orders passed by this Court have crossed more than 100 pages and all
endeavour of the Court was to see that in larger public interest, the Board’s
function may improve and several orders have been passed and in
consequence thereof, several reports and compliance reports have been
submitted by the Board.
8. Learned counsel appearing for the Damodar Valley Corporation
(in short ‘DVC’), informed this Court today that in view of the order of this
Court dated 13th January, 2010, it has been also noticed that in the order dated
13th January, 2010, the DVC was directed to supply the electricity of 150
MW against which they have supplied only 25 MW and this Court observed
that we are clearly of the views that the DVC ought to have increased its
supply of electricity as it has not filed appeal against the order, obviously,
dated 01st May, 2008. However, this Court took the pragmatic view in the
matter and directed the DVC for the time being to comply with the order
passed by this Court by increasing electricity to 100 MW to the State of
Jharkhand, meaning thereby that in addition to 25 MW of electricity, which it
is now supplying to the State Electricity Board, an additional 75 MW shall
be supplied to the State Electricity Board. Learned counsel for the DVC
further informed that the DVC started supplying 100 MW of electricity to the
Jharkhand State, obviously, to the Electricity Board but according to him that
much of the electricity is not being utilized by the Board.
9. Learned counsel appearing for the Electricity Board submitted
that sometimes, because of the technical reasons, the Board may not be in a
position to utilize 100 MW of the electricity, as supplied by the DVC, i.e.,
because of the technical reason and not because of the fault on the part of the
Board. Learned counsel for the DVC submitted that in view of the above
reasons, some relaxation may be granted to the DVC in supplying the
electricity to the Electricity Board by reducing it appropriately from 100
MW.
10. At this stage, we are of the view that the State of Jharkhand is
suffering acute electricity shortage, may it be because of the pilferage,
electricity theft or because of the electricity transmission and losses.
Therefore, we expect that the State Electricity Board will ensure utilization of
100 MW of electricity by providing it to the public. The stand of the DVC
and the State Electricity Board, if examined, in the light of the prayer made
by the learned amicus curiae that the State of Jharkhand and even
particularly, the capital of State of Jharkhand is suffering from acute
electricity shortage, clearly indicate that some technical corrections may be
required, but the fact remains that even when the supply given by the DVC
is not utilized by the Electricity Board in the name of the technical reasons
but the public is the sufferer. Therefore, it requires improvement in the
management and functioning of the Electricity Board by avoiding the
technical difficulties in providing electricity to the public. So far as supply of
the electricity from the DVC is concerned, when the public is not getting the
electricity to the adequate requirement, then also, there is no reason to relax
the condition already imposed for supply of the electricity on the DVC to the
Board. We are again emphasizing that the Board and the DVC may sit
together to find out the way to utilize the electricity, which is a national loss
and cannot be reimbursed in terms of money by anybody either by DVC or
the Board or by public and this energy cannot be stored, if not utilised by the
Board, nor it can be stored by the DVC.
11. Learned counsel appearing for the Board tried to justify the
action taken by the Board after the issue taken up by this Court and after
creation of the Electricity Board and submitted that the demand has increased
and therefore, there may be some problem in supply of the electricity to the
people of the State of Jharkhand.
12. We may observe here that whenever a project is conceived, it
takes care of the future demands and future requirements and therefore, the
increase in demand of the electricity was already in the knowledge of all the
officers and persons of the Electricity Board dealing in supply of electricity.
Therefore, we cannot presume that they have not taken care of that there will
be increase of the electricity and they will have to meet with this demand
also. Be that as it may, if the Electricity Board has taken some steps, they
may deserve appreciation only when the relief, in fact, reaches to the public,
otherwise, not at all.
13. This goes without saying that if the contention of the Board is
accepted that sometimes they get more electricity from other sources of their
own or otherwise, then they will not be in a position to utilize 100 MW
supplied by the DVC. In that situation also, the Board should take effective
step, how to utilize the supply, which is provided by the DVC and by
increasing the supply of the electricity to the areas where they are making the
cuts. It is a common knowledge that in the State of Jharkhand, the electricity
supply in any of the fields is not continuous and regular. Therefore, this
management by which the Electricity Board of the State can distribute the
electricity obtained from the DVC. In case, the situation of under-utilization
of energy supplied by the DVC will continue below 100 MW, then firstly,
the Board is required to explain the reasons for non-utilization of the
electricity and depriving the public of the Jharkhand State from the electricity
and if it was found that the electricity cannot be utilized by the Board and it
is not technically feasible, then the DVC will be free to make a request for
any relief, which may be appropriate in the facts and circumstances. But
before that, all endeavours are required from the Electricity Board and the
DVC to see that the electricity should reach to the public of Jharkhand State.
14. At this juncture, we may again observe that all parties
including the State Government should take it seriously that the matter is
pending before this Court since last more than 10 years for the purposes of
seeing that the people of Jharkhand may get the adequate energy supply. The
State Government is again requested to look into all earlier orders passed by
this Court, which we cannot quote in this order, and observe the issue with all
seriousness. This last opportunity is granted to the State Government to
address the issue and thereafter, take action immediately and the Court will
not wait for more time and regulate the issue of maintaining of the standards
of the electric supply and will have to pass some order which may go against
any of the bodies involved in providing the electricity energy to the public of
the State of Jharkhand. We would like to see the reaction and the action taken
by the State Government in response to today’s order on 20th June, 2011.
15. The copy of this order be sent to the Chief Secretary of the
State of Jharkhand and to the Chairman of the Electricity Board as well as to
all the parties concerned.
Put up these matters on 20th June, 2011.
(Prakash Tatia, A.C.J.)
( H. C. Mishra, J.)
APK/R.Kr.