ORDER
S.J. Mukhopadhaya, J.
1. Heard the counsel for the petitioner, J.S.E.B. and B.S.E.B..
2. The case of the petitioner is that he is an Officer of the rank of Electrical Executive Engineer holding the higher charge of Electrical Superintending Engineer, Deoghar Circle, Deoghar. He was posted in Jharkhand prior to 15th November, 2000 and continued in the State of Jharkhand after 15th November, 2000.
3. After reorganisation of the State and creation of Jharkhand State Electricity Board since 1st April, 2001, the petitioner is under the control of the Jharkhand State Electricity Board. It is submitted that the Bihar State Electricity Board has no jurisdiction to initiate any departmental proceeding after 1st April, 2001 in respect to employees posted under the jurisdiction of J.S.E.B. and thus the Resolution No. 2217 dated 15th December, 2001 initiating proceeding against the petitioner by B.S.E.B. is without jurisdiction.
4. The counsel for the B.S.E.B. submits that the resolution aforesaid has been forwarded by the Officer of J.S.E.B., vide letter No. 425 dated 2nd March, 2002. However, he accepts that the petitioner being an Engineer, his disciplinary and appointing authority is the Board.
Prima facie, the argument of petitioner seems to be attractive. If he is posted within the State of Jharkhand under the control of J.S.E.B. since after 1st April, 2001, the B.S.E.B. has nothing to do with respect to him.
5. However, in the facts and circumstances, instead of passing any specific order, the case Is remitted to the Secretary, Jharkhand State Electricity Board, Ranchi to find out as to whether since 1st April, 2001, the petitioner is posted in the State of Jharkhand and working under the control of J.S.E.B., Ranchi or not. If it Is found that the petitioner is working in the State of Jharkhand under the control of J.S.E.B., Ranchi then the J.S.E.B. will determine as to whether in terms with Resolution No. 2217, dated 15th December, 2001, J.S.E.B., Ranchi intends to initiate any proceeding or not.
6. In case of J.S.E.B. intends to proceed against the petitioner in terms with Resolution No. 2217 dated 15th December, 2001, it may pass appropriate order within sixty days from the date of receipt/production of a copy of this order. The J.S.E.B., Ranchi may also request its counterpart, B.S.E.B., Patna to forward the relevant documents for such proceeding.
7. Till such decision is taken, the authorities will not give effect to the departmental proceeding in terms with Resolution No. 2217 dated 15th December, 2001. However, for the present, the incumbent B.B. Sinha may function in place of petitioner, subject to decision of J.S.E.B.
8. The petitioner will produce a copy of this order before the Secretary, J.S.E.B., Ranchi; General Manager-cum-Chief Engineer, Dumka and Secretary, B.S.E.B., Patna.
9. The writ petition stands disposed of.
10. Let a copy of this order be handed
over to Mrs. I. Sen Choudhary and Mr. Mihir
Kumar Jha, counsel for the J.S.E.B. and
B.S.E.B., respectively.