M.Y.EQBAL, J. - (1.) HEARD the counsel for the parties.
(2.) IN this review application the petitioner seeks review of the judgment and order dated 3.6.2003 passed in WPS No. 151/ 2003. In the said writ petition the petitioner had prayed for quashing the letter dated 25.9.2002 issued by the authority of the Jharkhand State Electricity Board refusing to accept the joining/services of the petitioner in Jharkhand State Electricity Board. The writ petition was dismissed holding that the respondent -JSEB was right in refusing the joining/services of the petitioner in JSEB, Paragraphs 10 and 11 of the judgment are worth to be quoted, which read as under : Admitted facts which emerge from the affidavits filed by the parties are that before the creation of the State of Jharkhand, petitioner was posted as Electrical Executive Engineer at Chapra in the erstwhile State of Bihar petitioner without waiting for order of transfer or order of deputation from the erstwhile B.S.E.B. and without being relieved from Electric Supply Division, Chapra, he started working in Energy Department, Govt. of Bihar. Consequently, for willfully absenting duty at Chapra, he was punished vide Office Order dated 26.3.2001 and a departmental proceeding was initiated. Pursuant to the decision taken by the J.S.E.B. the services of the petitioner as Joint Secretary was returned to the B.S.E.B. and the notification to that effect was issued on 19.7.2001. The department inquiry continued against the petitioner and in the meantime the State of Bihar relieved the petitioner from suspension vide order dated 1.8.2002 but the departmental proceeding continued and the same ended in awarding punishment of censor and stoppage of three annual increments with cumulative effect vide resolution dated 27.11.2002. From perusal of Annexure -9 which is the copy of letter dated 1.8.2002, it appears that the Secretary B.S.E.B. informed the Secretary, J.S.E.B., that the petitioner has been punished by awarding censor and stoppage of annual increment and now his joining can be accepted. In view of all these facts, refusal. Of the J.S.E.B. to accept the services of the petitioner cannot be said to be illegal, arbitrary of mala fide. Besides the above, from bare reading of the provisions of Sec. 62 of the Bihar Reorganization Act, 2000 coupled with order/guidelines issued by the Central Government both the State of Bihar and the State of Jharkhand could not have issued such order or notification of transfer and posting of the petitioner in absence of a decision of the Committee so constituted or concurrence of the Central Government. I, therefore, do not find any illegality in the impugned letter dated 25.9.2002 issued by the authority of this J.S.E.B. declining to accept joining/service of the petitioner in J.S.E.B." Mr. S.B. Gadodia, learned Sr. Counsel appearing on behalf of the petitioner drawn my attention to Annexures 4 and 5 to the review application and submitted that after the judgment was delivered the Secretary, J.S.E.B. sought information from the Secretary, B.S.E.B. about the cadre of the petitioner and in reply to the said letter the B.S.E.B. informed the Secretary, J.S.E.B. that as per the cadre division the services of the petitioner has been allocated to Jharkhand State Electricity Board.
(3.) AS noticed above, the judgment was delivered on 3.6.2003. In my opinion, any subsequently development cannot and shall not be a ground for review of the judgment. Mr. R. Krishna, learned counsel appearing on behalf of the Jharkhand State Electricity Board has refuted the allegation made by the petitioner that as per the report of Srivastava Committee a meeting was held and in the list of 282 employees who have been sent to Jharkhand State Electricity Board, the name of the petitioner was included.;