RAVISH TREHAN Vs. STATE

JUDGEMENT

(1.) PRIVATIZATION of power sector is one of the priorities and objectives in this country which has embarked upon the economic liberalization.

(2.) IN order to augment its vast power potential the State of Jammu and Kashmir sought participation of private entrepreneurs. The Chief Minister of the te made an open invitation to all private entrepreneurs to come forward and help the State for augmenting its power generation. The petitioner, taking queue from the policy decision of the State, is stated to have offered his services for making a dysfunctional Canal Power House at Jammu operational. His offer in this behalf was accepted by the State of Jammu and Kashmir and the Power House was handed over to him to be made functional. Before this arrangement could be made workable, the State cancelled the contract by its decision dated 31.05.2003. Not only the decision to cancel the contract was taken but the matter was referred for criminal investigation to identify the errors, omission and illegalities in allotting this contract to the petitioner. Cancellation of the contract became subject matter of challenge before the Writ Court. The Writ Court set aside the order of cancellation of the contract which was confirmed by the Division Bench of this Court in letters patent appeal. On same set of facts, which necessitated the cancellation of the contract, an FIR was lodged before the Vigilance Organization and investigation initiated. The issues which were subject matter of challenge before the Writ Court are, in essence, the issues involved in the investigation for which an FIR stands lodged against the petitioner. It is under these circumstances that present writ petition has been filed before this Court, questioning the lodging of the FIR and the consequent investigation based upon it, on the ground that all these issues stood determined by the Writ Court and confirmed by the Division Bench.

(3.) IT seems that said proposals were considered by the Chief Engineer, Civil Investigation and Design Wing of JandK SPDC in June, 2001.