Chandigarh power crisis: Move to shield culprits contrary to SC decision, says High Court

Tribune News Service

Saurabh Malik

Chandigarh, February 25

The Punjab and Haryana High Court has asserted that the shift which appeared in the UT Administration’s stance, perhaps, to shield the culprits involved in electricity supply disruption was contrary to the spirit of the Supreme Court decision. The Bench made it clear that the apex court’s decision required the imposition and recovery of costs from those damaging public property.

The Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli also made it clear that the UT Deputy Commissioner virtually assumed the role of the court and would be heard before “taking further steps or requiring the presence of the UT Adviser”. The Bench also directed the Deputy Commissioner to remain present in the court on March 3 — the next date of hearing in the case.

The Bench asserted that it was affirmed in an affidavit earlier filed by the UT Chief Engineer (Electricity) that culprits, who sabotaged the power transmission apparatus and caused intentional disruption of electricity, would be dealt with severely. Further, an FIR against the erring employees/members of the union had been registered and the Chandigarh Police were in the process of procuring the CCTV footage to identify the actual culprits.

“If the affidavit is juxtaposed with the minutes of a meeting, prima facie, the authorities seem to downplay the entire event that caused an unprecedented power crisis. There appears to be a shift in the stance of the Administration, perhaps, to shield the actual culprit, which is contrary to the spirit of the decision of the Supreme Court…,”

Referring to the minutes of a meeting, the Bench observed that the Deputy Commissioner assured the union that a reasonable and sympathetic view would be taken regarding those joining their duties immediately and appropriate action initiated against employees still choosing to remain absent. The Bench added that the Adviser to the Administrator, apparently, did not participate in the meeting, but the minutes were stated to have been issued with his approval.

HC’s earlier order on privatisation

Rapping the UT Administration for misplaced priorities, the High Court in May 2021 had ruled that its proposed action of electricity privatisation was in direct conflict with the nation’s agenda “Sab Ka Saath, Sab Ka Vikas” or everyone’s support, everyone’s development.

The then Bench of Justice Jitendra Chauhan and Justice Vivek Puri had added: “With great pain and anguish, it is recorded that we are unable to reconcile with the fact that when the whole world is grappling with the deadly virus, when there is no oxygen, no ICUs, a long queue at the cremation grounds and no place in the hospitals, the undue

hurry on the part of the Administration to hand over the profit-making department to the private entity at this stage of the history and in this situation of crisis faced by the entire mankind, seems to be misplaced”.

Not the first time — HC pulls up UT after taking suo motu cognisance

This is the second time in recallable past that the High Court has pulled up the Chandigarh Administration after taking suo motu cognisance of the electricity crisis. Justice THB Chalapathi, the then Judge of the Punjab and Haryana High Court, had in the late 90s taken cognisance of power supply failure to the High Court before summoning senior functionaries of the Chandigarh Administration. A senior functionary was, in fact, made to stand in the courtroom during the proceedings.

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