Jharkhand High Court
M/S Tata Iron & Steel Co. Ltd vs Jharkhand State Electricity ... on 21 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W. P. (C) No. 1762 of 2005
M/s Tata Iron & Steel Co. Ltd. . .... .. ... Petitioner(s)
Versus
Jharkhand State Electricity Board & Others .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Petitioner(s) : Mr. M.S. Mittal, Sr. Advocate
Ms. Saloni Mittal, Advocate
For the Respondent(s) : Mr. Mrinal Kanti Roy, Advocate
..........
08 / 21.09.2021. Heard, learned Senior counsel, Mr. M.S. Mittal assisted by learned
counsel, Ms. Salona Mittal on the instruction of learned counsel for the petitioners,
Mr. N. K. Pasari.
Mr. M.S. Mittal, learned Senior counsel for the petitioner has submitted that
the instant Writ Petition has been filed for quashing the Memo No.1389 dated
09.11.2004 issued by Electrical Superintending Engineer, Jharkhand State Electricity
Board, Transmission Circle, Jamshedpur, by which payment of a sum of
Rs.5,61,85,942/- being the dues for the period from 1990-1993 on account of of
minimum guarantee charge with D.P.S. upto July, 2004 has been demanded from the
petitioner.
Mr. M.S. Mittal, learned Senior counsel for the petitioner has further
submitted that against the demand notice dated 21.04.1993 with respect to principal
bill for Rs.2,04,06,099/- issued to the petitioner, the petitioner preferred Writ Petition
vide C.W.J.C. Nos.1628 and 1621 of 1993 (R) which were decided by the Division
Bench of Hon'ble High Court of Judicature at Patna, Ranchi Bench, whereby the
petitioner was directed to pay Rs.25 Lacs to the Respondent -Authorities which shall
be adjusted in the final Bill.
Learned Senior counsel for the petitioner has further submitted that claim of
the petitioner was again rejected by the General Manager-cum- Chief Engineer,
South Bihar and Chotanagpur Area Electricity Board, Ranchi, who passed an order
dated 17.08.1993 dismissing the claim of remission filed by the petitioner-Company
and raised a Bill vide Letter dated 19.08.1993 [Annexure-3] to the tune of
Rs.1,79,06,099/-.
Learned Senior counsel for the petitioner has further submitted that the
petitioner preferred another Writ Petition against the order dated 17.08.1993 and
Demand dated 19.08.1993 in CWJC No.2574 of 1993 [R] whereby vide order dated
04.01.1994 the Demand Notice has been stayed subject to payment of Rs.30 Lacs by
the petitioner. Further pending matter with respect to the same dispute was heard by a
Division Bench of this Hon'ble Court in CWJC Nos.746 of 1992 [R] and 2574 of
1993 [R] preferred by the petitioner along with one analogous matter preferred by
M/s Jamshedpur Cement Company vide CWJC No.3839 of 1993 [R] and after
hearing the parties, the Division Bench has dismissed the Writ Petitions on merits,
except CWJC No.3839 of 1993 [R] preferred by M/s Jamshedpur Cement Company
which was dismissed, as not pressed in terms of the order dated 21.07.2004.
Thereafter the petitioner preferred Civil Appeal No.2955 of 2006 before the Hon'ble
Supreme Court of India and the Apex Court after hearing the parties allowed the
appeal in-part and the impugned judgment dated 21.07.2004 is set aside and both
Writ Petitions being CWJC Nos. 746 of 1992 [R] and 2574 of 1993 [R] were restored
and remanded to the High Court of Jharkhand at Ranchi for fresh hearing and
disposal in accordance with law.
Learned Senior counsel for the petitioner has further submitted that Hon'ble
Apex Court while remanding the matter to the Hon'ble Jharkhand High Court,
Ranchi had given liberty to the respondent No.1- Board to file its written response to
the Writ Petition vide CWJC No. 746 of 1992 [R]. Further the Hon'ble High Court
was requested to expedite both Writ Petitions within a period of six months from
receipt of record of above-mentioned two Writ Petitions from this Court.
Mr. Mrinal Kanti Roy, learned counsel for the respondents has submitted that
though the said Civil Appeal filed by the petitioner was allowed by the Supreme
Court, but instead of giving any finding the Apex Court has directed the High Court
to consider the Writ Petitions vide CWJC Nos.746 of 1992 [R] and 2574 of 1993 [R]
pending before this Court preferred by the petitioner.
It has been submitted by the learned Senior counsel for the petitioner as well
as learned counsel for the respondents that the matter was listed on several times and
finally on 04.12.2012, the explanation given by the Chairman-cum- Managing
Director, Jharkhand State Electricity Board has been accepted by this Court, but it
appears that thereafter the matter has not been listed and lastly it was listed on
13.08.2015 for hearing.
From perusal of the records, it appears that the Co-ordinate Bench of this
Court has initially granted four weeks' time to file counter-affidavit vide order dated
21.04.2005 and subsequently in terms of the order dated 27.02.2020, four weeks'
time was again granted to the Respondents, but from perusal of the office notes, it
appears that Counter-affidavit has not been filed by the Jharkhand State Electricity
Board or Jharkhand Urja Vitran Nigam Limited in compliance of order dated
21.04.2005 initially and on 27.02.2020 subsequently. This shows the callous working
culture of the Respondent, JSEB/ JUVNL.
So far, non-filing of the counter-affidavit by the Jharkhand State Electricity
Board and now Jharkhand Urja Vitran Nigam Limited in compliance of the orders
dated 21.04.2005 and 27.02.2020 is concerned, the Chairman-cum- Managing
Director, Jharkhand Urja Vitran Nigam Limited, Ranchi is hereby directed to file
show cause as to why proceeding be not initiated against the Board for non-
compliance of the orders passed by this Court.
The Chairman-cum- Managing Director should also explain that what action
has been taken against the Law Officer(s) who was entrusted this work in which huge
amount of revenue is involved which would have accrued interest in favour of the
respondent- Jharkhand State Electricity Board/JUVNL.
Under the aforesaid circumstances, this Court directs the Chairman-cum-
Managing Director to hold preliminary enquiry against the erring officer and initate
departmental proceeding if requires. Further, the Chairman-cum- Managing Director
shall file its show cause directing the concerned respondent-authorities to file
counter-affidavit within a period of three weeks from today.
Further, the Registry is directed to explain why the Writ Petition has not been
listed after 13.08.2015 in compliance of the order by the Apex Court as the Apex
Court has directed to expedite the two Writ Petitions i.e. CWJC Nos.746 of 1992 [R]
and 2574 of 1993 [R] preferably within a period of six months from the receipt of
record.
The Registry is directed to explain whether the non-compliance of the
order/direction issued by the Apex Court attracts initiation of Contempt proceeding
against the Registry or not?
Let a copy of this order be communicated through FAX to the the Chairman-
cum- Managing Director, Jharkhand Urja Vitran Nigam Limited, Ranchi.
Put up this case on 26.10.2021 along with show cause filed by the Registry of
the High Court as well as by the Chairman-cum- Managing Director.
In the meantime Office shall also expedite for listing of hearing matters of
CWJC Nos.746 of 1992 [R] and 2574 of 1993 [R] in compliance of the direction
passed by the Apex Court.
Since counter-affidavit could not be filed by the respondent - Jharkhand Urja
Vitran Nigam Limited, Ranchi, as such, interim order granted in terms of the order
dated 21.04.2005 regarding no coercive step shall be taken against the petitioner,
shall continue till 26.10.2021.
(Kailash Prasad Deo, J.)
Sandeep/
