ARUN KUMAR TRIVEDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for issuance of appropriate writ in the nature of certiorari for quashing the letter dated 25.9.2002 as contained in Annexure -17 to the writ petition issued under the signature of respondent No. 4 whereby the authority of the Jharkhand State Electricity Board declined to accept the joining/services of the petitioner in the Jharkhand State Electricity Board (in short JSEB).

(2.) PETITIONER 'scase is that he was appointed in the service of Bihar State Electricity Board (in short BSEB) and was working as Electrical Executive Engineer, After the creation of State of Jharkhand with effect from 15.11.2000 the JSEB was created and started functioning with effect from 10.1.2001. As soon as JSEB was created, the services of the petitioner was requisitioned by the State of Jharkhand for working as Technical Secretary to the Power Minister of the State of Jharkhand and the petitioner said to have started working with Power Minister with effect from 10.1.2001. It is stated that on the basis of agreement and understanding arrived at between the State of Jharkhand and State of Bihar, the services of the petitioner was sought to be returned to BSEB by the JSEB vide notification dated 19.7.2001. Thereafter by letter dated 22.10.2001 the Secretary, JSEB requested the Secretary, BSEB to place the services of the petitioner with JSEB irrespective of pendency of the disciplinary proceeding against him. The Government of Bihar through the Secretary, Energy Department vide letter -dated 8.2.2002 proposed to place the services of the petitioner in JSEB in exchange of Sri C.L. Prakash. Petitioner 'scase is that the Government of Jharkhand agreed to the said proposal and the Government of Bihar vide letter - dated 1.8.2002 purported to hand -over and place the services of the petitioner to JSEB. It is contended by the petitioner that inspite of the approval and the consent given by the two Governments, the impugned letter -dated 5.8.2002 was issued rejecting placement of services of the petitioner in JSEB on the ground that a policy decision had been taken that JSEB will not accept the services of any such officer of BSEB who was facing departmental proceeding or was under suspension.

(3.) A separate counter affidavit has been filed on behalf of the Union of India wherein it is stated that Ministry of Power vide order dated 22.3.2001 has made provisional arrangement regarding assets and liabilities between the two successor Boards viz. BSEB and JSEB. It was also stated that pending formal division of staff between the two Boards, the existing staff will continue to work on as is where is basis and transfers and posting will be frozen except with the consent of the two Governments.