M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for issuance of appropriate writ in the nature of certiorari for quashing the letter dated 25.9.2002 as contained in Annexure -17 to the writ petition issued under the signature of respondent No. 4 whereby the authority of the Jharkhand State Electricity Board declined to accept the joining/services of the petitioner in the Jharkhand State Electricity Board (in short JSEB).
(2.) PETITIONER 'scase is that he was appointed in the service of Bihar State Electricity Board (in short BSEB) and was working as Electrical Executive Engineer, After the creation of State of Jharkhand with effect from 15.11.2000 the JSEB was created and started functioning with effect from 10.1.2001. As soon as JSEB was created, the services of the petitioner was requisitioned by the State of Jharkhand for working as Technical Secretary to the Power Minister of the State of Jharkhand and the petitioner said to have started working with Power Minister with effect from 10.1.2001. It is stated that on the basis of agreement and understanding arrived at between the State of Jharkhand and State of Bihar, the services of the petitioner was sought to be returned to BSEB by the JSEB vide notification dated 19.7.2001. Thereafter by letter dated 22.10.2001 the Secretary, JSEB requested the Secretary, BSEB to place the services of the petitioner with JSEB irrespective of pendency of the disciplinary proceeding against him. The Government of Bihar through the Secretary, Energy Department vide letter -dated 8.2.2002 proposed to place the services of the petitioner in JSEB in exchange of Sri C.L. Prakash. Petitioner 'scase is that the Government of Jharkhand agreed to the said proposal and the Government of Bihar vide letter - dated 1.8.2002 purported to hand -over and place the services of the petitioner to JSEB. It is contended by the petitioner that inspite of the approval and the consent given by the two Governments, the impugned letter -dated 5.8.2002 was issued rejecting placement of services of the petitioner in JSEB on the ground that a policy decision had been taken that JSEB will not accept the services of any such officer of BSEB who was facing departmental proceeding or was under suspension. In the counter affidavit filed by JSEB, it is stated that the petitioner was Electrical Executive Engineer and before 14.8.2000 he was posted at Chapra in the erstwhile State of Bihar. From 14.8.2000 petitioner was absent from Electrical Supply Division, Chapra and he met energy Minister, Government of Jharkhand on 4.1.2001 much before the formation of JSEB and requested him for his posting at Ranchi. The Energy Minister, Government of Jharkhand sent Fax message dated 4.1.2001 to the Chairman, BSEB requesting therein to place the services of the petitioner to the Technical Wing, Department of Energy, Government of Jharkhand but no action was taken by the BSEB. A copy of the order -dated 4.1.2001 is annexed as Annexure -A to the counter affidavit. Further case of JSEB, is that without awaiting for order of transfer or order of deputation from the erstwhile BSEB and without being relieved from Electrical Supply Division, Chapra. Petitioner started working in Technical Cell of the Energy Department, Government of Jharkhand. It is contended that no order of placing of the services of the petitioner in Jharkhand and regularization of his services was issued. However, decision was taken by the JSEB to appoint the petitioner as Joint Secretary -cum -Director Public - Relation. The Secretary, BSEB vide letter -dated 30.3.2001 informed the Chairman, JSEB Ranchi that petitioner is willfully absenting from 14.8.2000 from his office at Chapra and accordingly he has been put under suspension vide office order dated 26.3.2001. It was further informed by the Secretary, BSEB that petitioner illegally and in unauthorized manner is absent from his office and he should be directed to report to Headquarters, Patna. A copy of the letter has been annexed as Annexure -E to the counter affidavit. The JSEB vide letter -dated 19.7.2001 decided that the petitioner who is in the service of BSEB and was appointed as Joint Secretary can be returned to BSEB. Pursuant to that a notification was issued on 19.7.2001. It is contended that JSEB had requested the Secretary, BSEB not to relieve any employee against whom departmental proceeding/enquiry is pending or who is under suspension. Consequently, the State of Bihar released the petitioner from suspension vide order dated 1.8.2002, but without prejudice to the departmental proceeding and placed the services of the petitioner to the JSEB. Petitioner was subsequently awarded punishment of censor and stoppage of three annual increments with cumulative effect vide resolution dated 27.11.2002. Thereafter vide letter -dated 1.8.2002, the Secretary, BSEB informed the Secretary JSEB that petitioner has been punished and now his joining can be accepted. A copy of the said letter dated 1.8.2002 is annexed as Annexure -9 to the counter affidavit. The case of the respondents therefore is that the JSEB rightly declined to accept the services of the petitioner in JSEB in accordance with the provisions of Bihar Reorganization Act 2000.
(3.) A separate counter affidavit has been filed on behalf of the Union of India wherein it is stated that Ministry of Power vide order dated 22.3.2001 has made provisional arrangement regarding assets and liabilities between the two successor Boards viz. BSEB and JSEB. It was also stated that pending formal division of staff between the two Boards, the existing staff will continue to work on as is where is basis and transfers and posting will be frozen except with the consent of the two Governments.;