1996 (3) TMI 543

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....P. State Electricity Board, think themselves above the State or at least a State within the State. It seems that they are under an illusion that if they flout the directions of the State Government, there would be no forum where the person can seek redress. They failed to realise that the State Government acting within its powers, sanctioned by law, had the authority to issue directions, particularly in matters, where a policy is involved leaving no option to them except to comply with those directions. As they refused to comply with the directions of the State Government in a most reckless and indiscreet manner, this Court, has no option except to force them to act, within the boundaries of law. But before doing so, I am constrained to sa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oint the first respondent as Electrician. In spite of several such requests from the Government, the appellant Electricity Board took a stand that the Electricity Board being an autonomous body cannot be directed by the Government to absorb/appoint the first respondent in the Electricity Board as Electrician. Finding that the Electricity Board was not prepared to appoint/absorb him, the first respondent moved the High Court for the issue of a writ of mandamus commanding the Electricity Board to appoint/absorb him on the post of Electrician and for consequential reliefs. Even before the High Court, the appellant took the same stand by placing reliance on Sections 15 and 78-A of the Electricity (Supply) Act. 1948 (3) The learned Single Jud....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o it by the State Government. In the circumstances of the case before us the directions given under letters dated 18-7-1988 and 5-5-1989 cannot be considered as directions on any questions of policy. So far as the appointment of staff is concerned, Section 15 empowers the Board to appoint such officers and employees as may be required to enable the Board to carry out its functions under the Act." (5) In view of the law laid down by this Court as above, one cannot find fault with the appellant for taking a stand as they took before the High Court, namely, that the Government have no authority to give directions to the Electricity Board to appoint/absorb the first respondent as Electrician in the Board. The further question whether the dir....