IAS officers heading PSPCL, Transco: HC raps Punjab for filing ‘evasive’ affidavit, grants last opportunity to clarify

Less than a month after the state Chief Secretary was asked to explain whether IAS officers could occupy the chairman-cum-managing director posts of both the PSPCL and Transco, the Punjab and Haryana High has virtually admonished the authorities concerned for filing an elusive and mechanical affidavit.

Taking exception to the authorities’ failure to file a meaningful response, Justice Harpreet Singh Brar granted a final opportunity to Punjab “in the interest of justice”, while making it clear that the same was not justified under the facts and circumstances of the matter.

At the onset, Justice Brar observed the State counsel was seeking another opportunity to comply with the previous orders. But there was no justification to grant further time as two opportunities had already been availed.

“The needful was not done even on the last date of hearing. An evasive and perfunctory affidavit was filed on behalf of Principal Secretary, Department of Power, Government of Punjab. In the interest of justice, one last opportunity is granted to comply with the orders,” Justice Brar observed, while fixing the case for further hearing on December 15.

The Bench, on a previous date of hearing, had flagged that PSPCL and Transco were autonomous bodies meant to function without external interference. Yet, an IAS officer was simultaneously heading both corporations, while also serving as the Principal Secretary (Power).

The matter before Justice Brar has its genesis in a bunch of petitions filed against Punjab State Power Corporation and other respondents through senior advocate Amit Jhanji, and counsel Manu K. Bhandari, HC Arora among others.

The Bench was told that Punjab State Electricity Board was bifurcated into Punjab State Power Corporation Limited (PSPCL) and Punjab Transmission Corporation Limited (Transco). Punjab government subsequently notified Punjab Power Sector Reforms Transfer Scheme vide notification dated April 16, 2010, for transfer of functions, assets, properties, rights, liabilities and personnel of erstwhile PSEB pursuant to a tripartite agreement. Its perusal indicated that the State had the power to finalize the transfer of personnel from PSPCL to Transco and permanent absorption of such personnel in Transco.

The Bench was also told that the government was obligated to constitute a committee for transfer and absorption of personnel from PSPCL to Transco. “However, the State significantly faltered in meaningfully implementing the scheme following its failure to constitute a committee to oversee all the transfer and absorption related issues…”

Justice Brar during the hearing had also observed that affidavits in the matter were filed by Ajoy Kumar Sinha, chairman-cum-managing Director of both Transco and PSPCL “as well as Principal Secretary, Department of Power”.

“Admittedly, PSPCL as well as Transco are autonomous body, empowered to conduct business without any external interference. Interestingly, the same officer namely Ajoy Kumar Sinha, IAS, heads both PSPCL and Transco, while also performing his duties as Principal Secretary to Government of Punjab, Department of Power. In this context, the Chief Secretary to the Government of Punjab is directed to file the affidavit,” Justice Brar had asserted.