SUO MOTU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Court had appointed Amicus Curiae and Commissioners in this matter on the basis of which reports had appeared in the media. 15 government companies are mentioned as respondents. The media also reported that the workers of the government companies have died while awaiting their emoluments. If it were one company that itself was serious enough. But the fact that there are several companies and several employees it does make out a matter of concern. Dead people cannot support their briefs. Indigent persons cannot afford to come to the Court and engage professionals to argue their case without payment of pension. For them it is a matter of life and death and the Court cannot expect that they should engage professionals, thus, for such class of persons appointed an Amicus Curiae and Commissioners on 24 October, 2003.

(2.) TODAY learned counsel who had been appointed Commissioners have sought information on the following issues : (a) In none of the company petitions details of man powers or staff strength has been given. This information be provided. (b) In majority of the petitions the memoranda of association and article of association have been filed. This is statutory information. This information be provided. (c) The reckoned period or the day when the government companies became sick as provided under the law. (d) The list of Directors constituting the Board since incorporation. (e) The guarantors and promoters of the companies and indemnities provided to the companies, if any. (f) Balance sheet since incorporation. (g) Details of salary and remuneration paid to staff. (h) Details of remuneration paid to managerial staff. (i) After the incorporation of the companies trips made by its Directors and staff by going abroad at the expenses of the Companies, the trips made by the Directors and the managerial staff after the companies became sick. (j) Perks of the Directors of the companies. Learned counsel assisting the Court seek the above informations.

(3.) THEY further submit that some of the corporations have the potential to be revived. It is contended that Bihar State Leather Corporation was established and has equipment, it is possible, best in Asia. They further submit that Bihar State Food Corporation established in the land of the agriculturists can be revived with the assistance of the agriculturists. On this learned State counsel interjected. He submitted that in so far as information regarding (a), (b), (c), (d), (e), (f), (g), and (h) is concerned this is in any case being collected by the State of Bihar and will be placed before the Court.