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2011 Supreme(Jhk) 354

2011 (2)JLJR 524
Bhagwati Prasad, CJ & Prakash Tatia, J.
Madhu Sudan Mittal (in. 1793) Rohit Kumar Choudhary (in 4611) Petitioners Palamau Chamber of Commerce (in 2918)
Versus
State of Jharkhand & Ors. (in 4611, 2918) Jharkhand State Electricity Board & Ors. (in 1793) …. Respondent
CWJC No. 1793 of 2001; WP (PIL) No.4611 of 2009; 2918 of 2010
Decided on : 25.4.2011

Advocates Appeared:
For the Appellant/Petitioner: Mr. A.K. Singh, Amicus Curiae.
For the Respondent State: Mr. R.R. Mishra.
For the Respondent Board: M/s V.P. Singh, A.K. Pandey, PK Singh.
For the Respondent Regulatory Commissioner: M/s Sudershan Srivastava.
For the Respondent-: Mr. R.S. Mazumdar. D.V.C.

Headnote:A) Constitution of India-Article 226:- PIL against adhoc appointments in Tenughat Vidyut Nigam Ltd. allowed since Government is the controlling authority. (Para 10)

Order

The learned counsel for the C.B.I. has come-up with a definite conclusion that there are irregularities and illegalities which require investigation and for that they need assistance of experts in financial matters and technical matters.

2. They are praying that a direction be issued to the Central Electricity Authority and the Comptroller and Auditor General of India for assistance.

3. The authorities mentioned hereinabove on being approached by C.B.I. would consider extending assistance to the C.B.I. because the matter involved is very serious in nature and unless technical assistance is available to the C.B.I., they may not be able to conclude definite what is required to be done.

4. In that view of the matter, both the authorities i.e. the Central Electricity Authority and the Comptroller and Auditor General of India may consider the request of the C.B.I. favourably.

5. The matter will be taken up by this Court again on 18th May, 2011 and by that time both these authorities may extend assistance to the C.B.I.


6. The report submitted by the C.B.I. is returned in original to the C.B.I. counsel.

7. We are informed by the learned counsel for the C.B.I. that in an earlier enquiry, a list of such erring officers has already been submitted to the Chief Secretary of the State but so far no action has been taken against any of the officers.

8. The learned Advocate General present in the Court is directed to apprise the Chief Secretary in the matter for taking action against such erring officers. The same may also be reported to this Court by the next date.

I.A. No. 1141 of 2011:

9. Interlocutory Application No. 1141 of 2011 has been filed complaining that ad hocism is going on in Tenughat Vidyut Nigam limited.

10. The State Government, which is the controlling authority of the company, should see to it that since it has the controlling authority of the company, ad hocism is' not continued any further and immediate steps should be taken to appoint regular staff in the higher posts.

I.A. No. 1290 of 2010:

11. The Jharkhand State Electricity Board may file reply to the Interlocutory Application No. 1290 of 2010 by the next date.





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