HC objects to IAS officer holding triple charge and heading two autonomous bodies simultaneously

The Punjab and Haryana High Court came down heavily on the Punjab government for arbitrarily concentrating roles in the hand of an IAS officer. The court has sought explanation from the Chief Secretary as to how the state government deputed an IAS officer to simultaneously head two autonomous bodies—PSPCL and Transco—while also serving as the Principal Secretary (Power). The court said that PSPCL and Transco are autonomous bodies meant to function without external interference, but the IAS officer is heading both.

The IAS officer in question is Ajoy Kumar Sinha, who heads both PSPCL and Transco while also serving as principal secretary of the power department.  

Justice Harpreet Singh Brar has now asked the State Chief Secretary to explain whether the Chairman-cum-Managing Director posts of PSPCL and Transco were cadre posts for IAS officers, and if not, how IAS officers were being deputed to head the autonomous entities.

The matter came before Justice Brar after a bunch of petitions was filed against Punjab State Power Corporation Limited (PSPCL) and other respondents.

The court was told that the Punjab State Electricity Board was bifurcated into Punjab State Power Corporation Limited (PSPCL) and Punjab Transmission Corporation Limited (Transco). The Punjab government subsequently notified the Punjab Power Sector Reforms Transfer Scheme for the transfer of functions, assets, properties, rights, liabilities, and personnel of the erstwhile PSEB pursuant to a tripartite agreement. The state government retained the power to decide the transfer of personnel from PSPCL to Transco and permanent absorption of such personnel in Transco.

The court observed that the government was supposed to constitute a committee for the transfer and absorption of personnel from PSPCL to Transco. But the transfers and absorptions were being done in an arbitrary manner, motivated by nepotism and favouritism.

The court then asked the state govt to file an affidavit on why the time limit had not been fixed for completion of the transfer and absorption or the committee’s constitution.