HC raps Punjab for 'policy paralysis' in power sector staff absorption

Admonishing the State of Punjab for “policy paralysis and bureaucratic inertia,” the Punjab and Haryana High Court has asserted that Punjab State Electricity Board (PSEB) failed to complete process of transferring and absorbing personnel between Punjab State Power Corporation Limited (PSPCL) and Punjab Transmission Corporation Limited (Transco) even after 12 years.

“This Court is constrained to observe that in spite of the fact that the PSEB was unbundled 12 years ago, the matter of transfer and absorption of personnel still remains unsettled,” Justice Harpreet Singh Brar asserted.

The Bench observed that the new entity-Transco was created with a distinct set of responsibilities and functions. Efforts were made to ensure an easy and efficient transition to ensure stability and constitute a separate cadre for Transco for its smooth functioning.

“However, the whimsical manner adopted by PSPCL in regard to transfer and absorption of personnel is not only antithetical to the object and intent of the policy, but also appears to be tainted by mala fide,” Justice Brar asserted.

The Bench added the non-constitution of a committee by the State regarding the transfer and absorption of personnel from PSPCL to Transco remained. “Further still, the State government has also failed to provide a target date for the completion of this exercise, which yet again defeats the entire purpose of framing the statutory scheme – Punjab Power Sector Reforms Transfer Scheme, 2010. Clearly, the conduct of the State is symptomatic of policy paralysis and bureaucratic inertia, which cannot go unnoticed by this Court,” he added.

The censure came while hearing a bunch of petitions filed against the State of Punjab and others respondents by Mohit Nagpal and other petitioners through counsel Manu Bhandari, Arjun Sawhni, Rohit Kataria and HC Arora.

Among other things, counsel for the petitioners argued that the State “significantly faltered” in meaningfully implementation of the scheme following its failure to constitute the committee to oversee the transfer and absorption related issues.

“The scheme is being used as a shield by the PSPCL to allow itself the liberty of cherry picking candidates, including those who were recruited after the bifurcation, for the purposes of transfers, absorption and promotions,” it was added.

Before parting with the order, Justice Brar directed the Principal Secretary, Department of Power, to file an affidavit explaining why the clause on constituting the committee was not followed in letter and spirit and why time limit was not fixed for completing the transfer and absorption of the personnel. Directions were issued for providing a detailed roadmap for the scheme’s implementation within a “reasonable dispatch.”

The chairman-cum-managing directors of PSPCL and Transco were also ordered to file particulars of cadre strength, vacancies, nomenclature of posts in both organisations, and details of repatriation of personnel from Transco. The court also fixed a four-week deadline for compliance and listed the matter for October 28.