RAMA SUJIT SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is a very peculiar case where a Minister of the Government of Jharkhand apparently, either because of total ignorance or on account of lack of understanding on his part with respect to the true and correct legal and constitutional position, in violation of a specific, express and mandatory provision of law, has taken an action which was wholly impermissible and totally outside the purview and bounds of statutory parameters. This action he took in purported exercise of his executive power.

(2.) SECTION 65 of the Bihar Re -organisation Act, 2000 clearly stipulates and provides that the Companies specified in the Ninth Schedule to this Act shall continue to function in the areas in which these have been functioning immediately before the appointed day (15.11.2000). The continuous functioning of the Companies mentioned in the Ninth Schedule in the said area is subject only to the specified stipulations that if. in the meanwhile, either under any law, or on the basis of any agreement arrived at between the two States, there is any change in the situation, or a direction is issued on the subject by the Central Government.

(3.) SECTION 65 of the Re -organisation Act clearly enjoins upon the Government of Jharkhand the statutory duty to allow the BSHEC to continue functioning in the areas now forming part of the State of Jharkhand. The legislative intent behind enacting Section 65 was very clear. The intent was that the successor State of Jharkhand should constitute and set up its own hydro - electric Corporation. To tide over the transitory phase, to cater to the situation in the interregnum, however, the Legislature in Section 65 provided that till the Jharkhand State constitutes its own Hydro -electric Corporation, B.S.H.E.C. shall continue to function in the territories of Jharkhand State as heretofore.