ARBIND KR.ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India by way of a Public Interest Litigation matter has been filed by the petitioner, inter alia claiming the relief of the issuance of a writ of mandamus upon the State of Jharkhand and its functionaries to appoint persons of impeccable and highest integrity, with unblemished past service career, and proven competence and having specialised knowledge in their respective fields to the posts of Chairman and Members of the Jharkhand State Electricity Board. Even though in the cause title of the writ application, appointments on the posts of Chairman/Managing Directors and Members/Directors of various Boards/Corporations in the State have been mentioned as coming within the scope of this petition, but during the course of hearing, the petitioner confined, restricted arid limited his prayer with respect to the aforesaid Public Offices of Jharkhand State Electricity Board (JSEB. in short) only.

(2.) THE State of Jharkhand came into existence on the 15th November, 2000 by virtue of the provisions contained in the Bihar Re -organisation Act, 2000. Because a new State has come into being, undoubtedly and obviously, Institutions, Boards. Corporations. Tribunals. Bodies and Authorities of various hues have to be, constituted in the new State of Jharkhand to replace, one by one and step by step, similar Bodies which hitherto were operating in the territory now falling in the State of Jharkhand but under the control of the State of Bihar. J.S.E.B. is one of such Bodies. Section. 62 of the Bihar Re - organisation Act. 2000, is the provision of law which deals with the question: of either continuance of the operations of the existing Electricity Board in respect of the areas now falling in the Jharkhand State or replacing the existing Bihar board by a newly created Board of the State of Jharkhand itself. Even though Sub -section (1) of Section 62 did provide that even after the appointed day. Bihar Board would continue to function in respect of the areas now falling in the Jharkhand State, a combined reading of Sub -sections (2), (3) and (4) of Section 62 clearly suggests that the formation of the own Electricity Board by the State of Jharkhand was an explicit intention of the Legislature and the continued operation of the Bihar Board was only by way of an interregnum, to cater to the transitional phase. It is in this backdrop that even after the creation of the State of Jharkhand from 15th November. 2000, Bihar State Electricity Board continued to exercise control and performed operations with respect to generation and distribution of power within the Jharkhand State as well, because the State of Jharkhand had not constituted its own State Electricity Board and it was only in the month of February, 2001 that the State of Jharkhand decided to constitute its own State Electricity Board by naming it as "Jharkhand .State Electricity Board". In terms of Section 5 of the Electricity (Supply) Act, 1948, the composition of the Board also had to be determined and once this process apparently got underway, rumours and stories started getting afloat in the State with regard to various names doing rounds. The newspapers started carrying stories and features with respect to many names doing, rounds as possible candidates or probable chpices like to be appointed on the posts of Chairman and Members of the JSEB. Newspapers also started carrying stories and features with -respect to the past lives of these persons, their career profiles, antecedents, service records and started featuring these persons in different hues and colours. These publications gave rise to some apprehensions and, perhaps justifiably and rightly so (looking to the contents of these publications) in the minds of the public at large that those rumoured and projected possible and probable appointees on these posts may not turn out to be the persons of highest calibre, impeccable and unimpeachable integrity with unblemished record of service in the past and proven track -record of performance as would be compatible and in conformity with the requirements of the office they might be called upon to hold. Apprehensions and misgivings, perhaps, were not totally misplaced as the people of Jharkhand State, still basking in the aftermath of the glory of the birth of new State and a very high degree of expectations in the States progress and prosperity as also the aspirations of the people that the State may administratively and in other fields prove to be a model State based on corruption -free administration and effective, performance -related dispensation and operational apparatus, perhaps, righteously felt that steps be taken to ensure that the State does not appoint persons with tainted image, blemished past record or persons of doubtful integrity or impeachable credibility on these posts.

(3.) ON 7th March, 2001, when this petition came up for the first time for consideration and we directed the learned Advocate General to obtain instructions from the State, we made the following pertinent observations :