YOGENDRA PRASHAD S/O LATE MR.INDRSAN PARSAD Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(ALL)-2010-9-335
HIGH COURT OF ALLAHABAD
Decided on September 30,2010

Yogendra Prashad S/o late Mr.Indrsan Parsad Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

TARUN AGARWALA, J. - (1.) THE petitioner retired from the post of Chairman-cumManaging Director, National Hydro-Electric Power Corporation in the year 2005. The petitioner was appointed in an honorary capacity as a Special Advisor (Energy) on 07.01.2006 by the Government of Uttarakhand. In addition to the above, the Government subsequently appointed the petitioner as a part time Director of the Corporation and also appointed the petitioner as Chairman of Uttarakhand Jal Vidyut Nigam Ltd. w.e.f. 24.05.2007. It is alleged that the petitioner was appointed to ensure the commissioning of the Maneri Bhali Project within the stipulated period. The appointment of the petitioner was extended by the Government from time to time.
(2.) THINGS were moving smoothly, but from January 2010, the seeds of discontent started germinating. The petitioner contends that he came to know about the irregularities, indiscipline and corrupt practices being adopted by a certain section of the people and, accordingly, he brought such irregularities to the notice of the State Government. The petitioner made a complaint against Mr. B. C. K. Mishra, Director (Operation), UJVNL about his corrupt practices and actions causing loss of image of the Nigam as well as the State Government and intimated the Principal Secretary (Energy) by a letter dated 07.01.2010 recommending that Mr. B. C. K. Mishra should be sent on three months leave pending enquiry against him. It is alleged that an intimation was also submitted to the Chief Minister inspite of which no action was initiated against him.
(3.) IT is alleged that the petitioner's complaint against Mr. Mishra made the Energy Department turn against him which, in turn, started a chain reaction. It is submitted that a meeting of the Board of Directors was scheduled to be held on 21.05.2010. The Additional Secretary, Department of Energy wrote a letter dated 18.05.2010 to the petitioner to postpone the meeting on account of the non-availability of the Secretary, Energy. In response to the aforesaid letter, the petitioner intimated respondent no.5, by a letter dated 19.05.2010, that the decision to call a meeting of the Board of Directors vests with the Board of Directors and that the said meeting could not be adjourned at the behest of Secretary, Energy.;


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