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Judgment
On 25th April 2011, learned Counsel for the C.B.I. informed that C.B.I. has 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.
In view of the request of the C.B.I., this Court directed the authorities i.e. Central Electricity Authority and the Comptroller and Auditor General of India to consider the request of the C.B.I. for providing assistance to find out the criminality in the actions of the officers and the persons on the affairs of the State Electricity Board.
By the said order dated 25th April 2011, learned Advocate General was directed to apprise the Chief Secretary in the matter of taking action against such erring officers and it was further directed that the follow up action may be reported to this Court by the next date.
Learned Counsel for the C.B.I. submitted that the report which was shown to this Court on the previous date i.e. on 25th April 2011 reveals that there is criminality in the actions of the officers and employees of the Board and they need some more time as they got some further information with respect to the serious criminality in various matters. Learned Counsel for the C.B.I. today also shown a brief report indicating the serious involvement of various persons in the matter of serious irregularities, illegalities or of giving undue advantage to the parties in crores of rupees etc., the details of which, we would not like to indicate in this order as it may hamper the investigation but the matter appears to be serious.
Though learned Counsel for the C.B.I. has prayed for three month time, but, looking to the seriousness in issue cropped up, we would like to see the progress in the month of June itself, as this Court had already directed the concerned authorities i.e. the Central Electricity Authority and the Comptroller and Auditor General of India to consider the request of the C.B.I. favourably for providing assistance to find out serious irregularities which may have been committed against the public; therefore, they must have been provided such assistance.
Therefor, the C.B.I. is directed to place on record the progress report on 20th June 2011.
Learned Counsel for the Petitioner submitted that the issue with respect to unbundling of the Electricity Board is pending before the Hon''ble Supreme Court, but so far as providing electricity to the public of the State of Jharkhand is concerned, such matter is not pending before the Hon''ble Supreme Court and it is pointed out that this Court has passed several orders and all orders only aim at seeing that the people of Jharkhand may get the electricity in time uninterruptedly. At this juncture, we would like to mention here that the Public Interest Litigation Petition was filed in the year 2001 and the brief of the writ petition is running in total 18 pages, whereas, the orders passed by this Court have crossed more than 100 pages and all endeavour of the Court was to see that in larger public interest, the Board''s function may improve and several orders have been passed and in consequence thereof, several reports and compliance reports have been submitted by the Board.
Learned Counsel appearing for the Damodar Valley Corporation (in short ''DVC''), informed this Court today that in view of the order of this Court dated 13th January, 2010, it has been also noticed that in the order dated 13th January, 2010, the DVC was directed to supply the electricity of 150 MW against which they have supplied only 25 MW and this Court observed that we are clearly of the views that the DVC ought to have increased its supply of electricity as it has not filed appeal against the order, obviously, dated 01st May, 2008. However, this Court took the pragmatic view in the matter and directed the DVC for the time being to comply with the order passed by this Court by increasing electricity to 100 MW to the State of Jharkhand, meaning thereby that in addition to 25 MW of electricity, which it is now supplying to the State Electricity Board, an additional 75 MW shall be supplied to the State Electricity Board. Learned Counsel for the DVC further informed that the DVC started supplying 100 MW of electricity to the Jharkhand State, obviously, to the Electricity Board but according to him that much of the electricity is not being utilized by the Board.
Learned Counsel appearing for the Electricity Board submitted that sometimes, because of the technical reasons, the Board may not be in a position to utilize 100 MW of the electricity, as supplied by the DVC, i.e., because of the technical reason and not because of the fault on the part of the Board. Learned Counsel for the DVC submitted that in view of the above reasons, some relaxation may be granted to the DVC in supplying the electricity to the Electricity Board by reducing it appropriately from 100 MW.
At this stage, we are of the view that the State of Jharkhand is suffering acute electricity shortage, may it be because of the pilferage, electricity theft or because of the electricity transmission and losses. Therefore, we expect that the State Electricity Board will ensure utilization of 100 MW of electricity by providing it to the public. The stand of the DVC and the State Electricity Board, if examined, in the light of the prayer made by the learned amicus curiae that the State of Jharkhand and even particularly, the capital of State of Jharkhand is suffering from acute electricity shortage, clearly indicate that some technical corrections may be required, but the fact remains that even when the supply given by the DVC is not utilized by the Electricity Board in the name of the technical reasons but the public is the sufferer. Therefore, it requires improvement in the management and functioning of the Electricity Board by avoiding the technical difficulties in providing electricity to the public. So far as supply of the electricity from the DVC is concerned, when the public is not getting the electricity to the adequate requirement, then also, there is no reason to relax the condition already imposed for supply of the electricity on the DVC to the Board. We are again emphasizing that the Board and the DVC may sit together to find out the way to utilize the electricity, which is a national loss and cannot be reimbursed in terms of money by anybody either by DVC or the Board or by public and this energy cannot be instored, if not utilised by the Board, nor it can be Instored by the DVC.
Learned Counsel appearing for the Board tried to justify the action taken by the Board after the issue taken up by this Court and after creation of the Electricity Board and submitted that the demand has increased and therefore, there may be some problem in supply of the electricity to the people of the State of Jharkhand.
We may observe here that whenever a project is conceived, it takes care of the future demands and future requirements and therefore, the increase in demand of the electricity was already in the knowledge of all the officers and persons of the Electricity Board dealing in supply of electricity. Therefore, we cannot presume that they have not taken care of that there will be increase of the electricity and they will have to meet with this demand also. Be that as it may, if the Electricity Board has taken some steps, they may deserve appreciation only when the relief, in fact, reaches to the public, otherwise, not at all.
This goes without saying that if the contention of the Board is accepted that sometimes they get more electricity from other sources of their own or otherwise, then they will not be in a position to utilize 100 MW supplied by the DVC. In that situation also, the Board should take effective step, how to utilize the supply, which is provided by the DVC and by increasing the supply of the electricity to the areas where they are making the cuts. It is a common knowledge that in the State of Jharkhand, the electricity supply in any of the fields is not continuous and regular. Therefore, this management by which the Electricity Board of the State can distribute the electricity obtained from the DVC. In case, the situation of under-utilization of energy supplied by the DVC will continue below 100 MW, then firstly, the Board is required to explain the reasons for non-utilization of the electricity and depriving the public of the Jharkhand State from the electricity and if it was found that the electricity cannot be utilized by the Board and it is not technically feasible, then the DVC will be free to make a request for any relief, which may be appropriate in the facts and circumstances. But before that, all endeavours are required from the Electricity Board and the DVC to see that the electricity should reach to the public of Jharkhand State.
At this juncture, we may again observe that all parties including the State Government should take it seriously that the matter is pending before this Court since last more than 10 years for the purposes of seeing that the people of Jharkhand may get the adequate energy supply. The State Government is again requested to look into all earlier orders passed by this Court, which we cannot quote in this order, and observe the issue with all seriousness. This last opportunity is granted to the State Government to address the issue and thereafter, take action immediately and the Court will not wait for more time and regulate the issue of maintaining of the standards of the electric supply and will have to pass some order which may go against any of the bodies involved in providing the electricity energy to the public of the State of Jharkhand. We would like to see the reaction and the action taken by the State Government in response to today''s order on 20th June, 2011.
The copy of this order be sent to the Chief Secretary of the State of Jharkhand and to the Chairman of the Electricity Board as well as to all the parties concerned.
Put up these matters on 20th June, 2011.