PITAMBER TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS public interest litigation has been preferred by petitioner against Notification No. -19/Uo (Budget) -58/2001 -Part 1 -229/Ranchi, dated 8th February, 2003 issued by Under Secretary, Energy Department, Government of Jharkhand, Ranchi, whereby and whereunder, 4th respondent, Surendra Singh, a retired Superintending Engineer of Jharkhand State Electricity Board (hereinafter referred to as JSEB) has been appointed as "Nodal Officer", Hydro Electric Projects under the Jharkhand Renewable Energy Development Agency, Ranchi (hereinafter referred to as JREDA). Alternative prayer has been made for issuance of an appropriate writ of quo warranto upon the 4th respondent, he having been appointed as Nodal Officer, Hydro Electric Projects under JREDA.

(2.) THE petitioner is a Civil Engineer of Bachelor of Engineering degree from Sidda Ganga Institute of Technology, Tumkur, Visveswariah Technology, Belgaum and a permanent resident of the State of Jharkhand. According to petitioner he has interest in the progress of the State and fulfillment of the aspirations of the people of the State of Jharkhand. After creation of the State of Jharkhand with a view to develop renewable energy sources within the State, a society was constituted in the name and style of "Jharkhand Renewable Energy Development Agency" (JREDA), Ranchi, which was registered under the Societies Registration Act, 1860. As per "Articles of Association" of the Society, JREDA is governed by a Managing Committee headed by the Secretary, Energy Department, Government of Jharkhand, Ranchi as its Chairman in his ex -office capacity and besides him, the Secretaries of not less than six departments like Finance, Planning, Agriculture, Rural Development, Industry and Environment with additional representation from the Chairman, J. S.E.B. the Director, B.I.T. Mesra, the Principal, Regional Institute of Technology, Jamshedpur and few other officials in their ex -office capacity. The sources of its finance are primarily through the agencies of the Government of Jharkhand and the form, structure and the nature of work performed by the agency is purely in the nature of a public function as an instrumentality of the State, as evident from the Articles of Association. Further case of petitioner is that in the initial stages, the agency shall be manned by deputation of officers and staff placed at its disposal by the Department of Energy, Government of Jharkhand. In course of time when the scope of work and responsibility of the agency expands, the agency shall have power to appoint its officers and staff in its roll on such terms and conditions which may be decided by the Managing Committee and approved by the Government of Jharkhand in terms with clause 2.15 of the Memorandum.

(3.) COUNSEL for the petitioner submitted that the Chief Secretary. Government of Jharkhand recommended for initiating enquiry against the 4th respondent for acts of an omission and commission, such as financial irregularity and corruption during his service career. He had been involved in serious cases of financial irregularity, improper investment and misappropriation of Government money as found upon audit report conducted for the period from 1978 to 1993 i.e. the period during which 4th respondent was posted in the Education Engineering Cell of Education Department, Government of Bihar, The Secretary, Secondary, Primary and Audit Department, Government of Bihar vide its letter No. 22/Ni 01 -07/1996 Siksha dated 14th July, 1998 has given gist of audit report showing mis -appropriation/improper investment in crores : SI. Audit inspection Amount involved No. report No./year 1. 155/87 -88 Total 3.89 crores 2. 211/88 -89 Total 7.50 crores 3. 38/91 - 92 Total 2.96 crores 4. 77/92 -93 Total 0.3 crores 5. 6/96 -97 Total 2.37 crores - It was also submitted that the 4th respondent committed certain irregularities and mis -appropriated money while he was posted under Bihar State Hydro Electric Power Corporation (hereinafter referred to as BHPC) which has been brought to the notice of the Chairman, Bihar State Electricity Board, Patna by the Managing Director 'sletter No. 3070, dated 30th September, 2002.