HARI BANSH LAL, SON OF LATE BASUDEO LAL, RESIDENT OF VILLAGE KHAROUA, P.O. SIRKHARIA, P.S. JHANJHARPUR, DISTRICT Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Writ Application has been filed for quashing the Notification No.18/JUD-08-21/2008/1469 dated 04.09.2010 issued by the Deputy Secretary, Department of Energy, Govt. of Jharkhand by which the State Government reconstituted the Jharkhand Electricity Board by appointing Shri Shiv Basant (I.A.S.) as Chairman, Jharkhand State Electricity Board in addition to his being member (Administration) with the sole object to frustrate the benefit granted to the petitioner by Honourable Supreme Court of India in S.L.P. (Civil) No. 11013/2009 by which the petitioner has been permitted to join duty forthwith and continue as Chairman of the Jharkhand State Electricity Board in terms of his appointment order and also for issuance of writ in the nature of mandamus commanding upon the respondents to allow the petitioner to continue as Chairman, Jharkhand State Electricity Board pursuant to his appointment on 17.09.2008 since the Honourable Supreme Court of India has been pleased to set aside the order dated 27.04.2009 passed by the Honourable Jharkhand High Court in W.P.(P.I.L.) No.5067/2008. The Honourable Supreme Court of India in its judgment dated 30.08.2010 has been pleased to make it clear that the continuance of the petitioner as Chairman shall be in accordance with the Sec. 5 (5) of the Act and Rule-4 of the Rules.

(2.) The brief fact behind filing of this writ application is that the petitioner was appointed Chairman of the J.S.E.B. till further order vide notification No.1877 dated 17.09.2008 and resumed charge. The appointment of petitioner was challenged by Sahodar Prasad Mahto in W.P.(PIL) No. 5067/2008. After giving opportunity to the parties concerned, this Honourable Court vide order dated 27th April, 2009 quashed the appointment of petitioner as Chairman of the Jharkhand State Electricity Board and instruction was given to the State Government to follow the direction given in letter dated 20th Feb., 2009 issued by the Ministry of Power Govt. of India by which the time has been extended allowing continuance of the Jharkhand State Electricity Board (for the short the J.S.E.B.) as the State Transmission Utility and licensee till 15.06.2009.

(3.) The petitioner being aggrieved by and dissatisfied with the aforesaid order dated 27th April, 2009 passed by this Court in W.P.(PIL) No. 5067/2008, preferred Civil Appeal No.7165/2010 (arising out of S.L.P.(C) No. 11013/2009) before the Honourable Supreme Court. Their Lordships have been pleased to allow the prayer of the petitioner after setting aside the order dated 27th April, 2009 and the petitioner was permitted to join duty forthwith and continue as Chairman of Jharkhand State Electricity Board in terms of his appointment order. It was also made clear that continuance to the post of Chairman is subject to the ultimate decision of the Govt, however, the same shall be in accordance with Sec. 5 (5) of the Act (The Electricity (Supply) Act, 1948 and Rule-4 of the Rules (The Bihar Electricity Board Rules, 1960). Pursuant to the order passed by Honourable Supreme Court of India in Civil Appeal No. 7165/2010 the petitioner submitted his joining on 30.08.2010 itself by sending 'FAX' message as his joining report to the Principal Secretary to his Excellency the Governor, Advisor (Energy) to his Excellency the Governor the Chief Secretary to the Govt. of Jharkhand and all other concerned. It is contended that during the order passed by this Honourable Court in W.P.(PIL) No.5067/2008 i.e. on 27.04.2009 and the order passed by Honourable Supreme Court in Civil Appeal No. 7165/2010 there was President rule in the State of Jharkhand.