- (1.) Heard the counsel for the petitioner, J.S.E.B. and B.S.E.B..
(2.) THE case of the petitioner is that he is an Officer of the rank of Electrical Executive Engineer holding the higher charge of Electrical Superintending Engineer, Deoghar Circle, Deoghar. He was posted in Jharkhand prior to 15th November, 2000 and continued in the State of Jharkhand after 15th November, 2000. After reorganisation of the State and creation of Jharkhand State Electricity Board since 1st April, 2001, the petitioner is under the control of the Jharkhand State Electricity Board. It is submitted that the Bihar State Electricity Board has no jurisdiction to initiate any departmental proceeding after 1st April, 2001 in respect to employees posted under the jurisdiction of J.S.E.B. and thus the Resolution No. 2217 dated 15th December, 2001 initiating proceeding against the petitioner by B.S.E.B. is without jurisdiction.
(3.) THE counsel for the B.S.E.B. submits that the resolution aforesaid has been forwarded by the Officer of J.S.E.B., vide letter No. 425 dated 2nd March, 2002. However, he accepts that the petitioner being an Engineer, his disciplinary and appointing authority is the Board. Prima facie, the argument of petitioner seems to be attractive. If he is posted within the State of Jharkhand under the control of J.S.E.B. since after 1st April, 2001, the B.S.E.B. has nothing to do with respect to him.;