Suresh
Chandra Sharma Vs. Chairman, UPSEB & Ors [1998] INSC 20 (13 January 1998)
S.C.
Agarwal, S.P. Bharucha
ACT:
HEAD NOTE:
O R D
E R
This
present Public Interest Petition contains five areas which need to be
investigated by a High Powered Committee:-
1.
Large Scale theft of electricity by consumers of all categories (in particular,
HV1 and HV2) with or without connivance of officials of the Electricity Board
and ways and means to dater it (together with extent of responsibility in cases
of theft where no connivance is proved)
2. An
instrumentation system for metering supply of electricity with appropriate
checks and balances of electricity with appropriate checks and balances through
computerised software so that theft of the electricity is minimised and proper
recordings are always available.
3.
Energy Auditing and, in particular, proper systems of Auditing and metering
electricity which is generated and supplied throughout the stage irrespective
of the sector of area to which it is supplied.
4.
Political and high level interference in the independent functioning of the
Board and accountability.
5.
Loss of coal wagons purported to be in transit of the Uttar Pradesh State
Electricity Board (UPSEB) including ways and means to deter it - accounting and
responsibility.
After
hearing learned counsel for the State, the UPSEB and the Amicus Curiae, we are
satisfied that at this stage an indicated hereafter is required to be made.
Accordingly, we order as under:
We
appoint a High Powered Committee consisting of the following persons for the
purpose of dealing with the above areas and also with the allegations contained
in the Writ petition and the various supplementary affidavits.
1. Mr.
S. Venkatnarayanan (IAS) retd. formerly Chairman, National Power Finance Corporation.
2. Mr.
Prakash Singh formerly Director General of Police (UP) and former Director
General, BSF.
3. Mr.RN
Srivastava, Chairman Central Electricity Authority
4. Dr.
EAS Sarma (IAS) Secretry, Ministry of Power, Government of India.
5. An
expert auditor to be nominated by the Comptroller and Auditor General of India.
Mr. B B
Sharma, formerly, Member-Secretary, UPSEB is requested to function as the
Secretary of the High Powered Committee.
We
direct the High Powered Committee, as appointed above, to enquire into the
allegations and to identify those who are responsible for such defaults. The
Committee will also make recommendations in respect of monetary recoveries to
be made due to stolen energy or otherwise. The Committee likewise will also go
into the question of loss of coal wagons and all enquiry reports which have
been conducted in relation thereto would be made available to the High Powered
Committee by the Central Government, State Government and the Public Sector
Undertakings concerned. The Committee shall identify those responsible in the
event of loss or unauthorised diversion of coal wagons proved. As far as
designing of an instrumentation system as well as the energy auditing custom is
concerned the UPSEB and the Department of Power, State Government of UP are
directed to supply all necessary and material papers to the Committee on
request from Committee.
The
Government of UPSEB and the Central Government, the Central Electricity
Authority and the various agencies of the State Government shall render all
assistance as and when required by the Committee. The Committee shall exercise
all proper discovery of relevant facts in relation to the above matters. The
High Powered Committee would be at liberty to summon parties and record their
statements and liberty to summon parties and record their statements and
receive such evidence as is necessary for the purpose of completing its task.
Two
officers, one of the rank of a DIG and the other of the rank of SP to be made
available by the Director, Central Bureau of Investigation will assist the
Committee. The Committee, whenever necessary, may consult additional experts
for enabling it make its recommendations.
The
High Powered Committee will submit its interim report on the merits of the
various allegations contained in the Writ Petition, affidavits and any other
material.
The
Committee will also recommend appropriated reprobatory measures (monetary and
otherwise) in respect of the each one of the instances.
The
Union of India, the UPSEB, the Central Electricity Authority and the State of
U.P. are directed to directed to render all possible assistance in the
functioning and working of the Committee. The State of U.P. and the UPSEB shall
make available all necessary support and amenities for the functioning of the
Committee. The Committee would be entitled to ask for and inspect whenever
necessary relevant documents/information/apparatus. The expenses incurred by
the Committee shall be borne by the UPSEB and the State of UP. The Committee
shall submit its report within six months form today.
In
case of any difficulty in the functioning of the Committee, the Amicus Curiae
shall be at liberty to approach the Court.
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