The Punjab and Haryana High Court has expressed serious concerns over the state authorities’ failure to submit a meaningful affidavit regarding IAS officers holding dual leadership roles in Punjab’s power sector. Justice Mr. Harpreet Singh Brar noted that the affidavit filed on behalf of the Principal Secretary, Department of Power, Government of Punjab, was evasive and perfunctory.
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The court remarked that the state counsel had already been given multiple opportunities to comply with previous directions but had failed to provide substantial information. Justice Brar granted a final chance to the state, emphasizing that this leniency was solely “in the interest of justice” and not justified under normal circumstances. The next hearing is scheduled for December 15.
Background: Dual Role of IAS Officer in Punjab Power Sector
The controversy revolves around Mr. Ajoy Kumar Sinha, IAS, who simultaneously holds the positions of chairman-cum-managing director of Punjab State Power Corporation Limited (PSPCL) and Punjab Transmission Corporation Limited (Transco), while also serving as the Principal Secretary of the Department of Power.
Earlier, the bench had highlighted that PSPCL and Transco are autonomous bodies designed to function independently, without external interference. The simultaneous leadership by a single IAS officer raised questions of governance and conflict of interest, prompting judicial scrutiny.
Genesis of the Case: Petitions and Government Oversight
The matter originated from a series of petitions filed by senior advocates Mr. Amit Jhanji, Mr. Manu K. Bhandari, and Mr. HC Arora. Petitioners sought clarity on whether it is permissible for IAS officers to occupy top positions in both PSPCL and Transco concurrently.
The court was informed that the Punjab State Electricity Board (PSEB) was bifurcated into PSPCL and Transco, and a government notification dated April 16, 2010, outlined the transfer of functions, assets, liabilities, and personnel from PSEB. The state had the authority to finalize personnel transfers between the two entities and ensure permanent absorption in Transco.
Implementation Lapses and Court Directives
Justice Brar observed that the state had failed to constitute a committee responsible for overseeing transfers and absorption of personnel between PSPCL and Transco, leading to significant administrative lapses. Affidavits submitted by Mr. Sinha, acting both as chairman-cum-managing director and Principal Secretary, were deemed insufficient in addressing the court’s concerns.
The Chief Secretary of Punjab has now been directed to file a comprehensive affidavit, ensuring clarity on governance structures and adherence to statutory requirements.
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