IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17450 of 2009 1. M/S BHARAT SANCHAR NIGAM LIMITED, TELECOM DISTRICT, DARBHANGA, THROUGH ITS DIVISIONAL ENGINEER (ADMINISTRATION) SHRI RAJ CHANDRA JHA, SON OF LATE BACHCHALAL JHA RESIDENT OF VILL-CHUNA BHATTI, P.S- UNIVERSITY AND DISTT- DARBHANGA Versus 1. CHAIRMAN,BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, PATNA 2. SECRETARY, BIHAR STATE ELECTIRICITY BOARD, VIDYUT BHAWAN, PATNA 3. ELECTRICAL SUPERINTENDING ENGINEER, DARBHANGA 4. ELECTIRCAL EXECUTIVE ENGINEER, ELECTIRC SUPPLY DIVISION, DARBHANGA ----------- 2/ 04/01/2011 Heard learned counsel for the petitioner and learned counsel for the respondents. The petitioner is a Government Company registered under the Companies Act as such. The respondents are a statutory body, created by an act of the State. The two are at dispute with each other. A controversy between two government bodies is being thrust upon the Court in the form of litigation when it should have been first appropriately resolved at the Government level itself. It is significant that this litigation by government bodies is funded by the tax payers’ money. Learned counsel for the petitioner submits that in a similar matter this Court in C.W.J.C. No.3973/08 has required the State to file a counter affidavit. The Supreme Court in more than one order - 2 - has deprecated inter-se litigation between Government authorities and/or departments being thrust upon the Courts and directed such matters to be resolved departmentally, if necessary, by creation of nodal agencies for that purpose. In (2004) 6 SCC (Mahanagar Telephone Nigam Ltd. v. Chairman, CBDT the Apex Court referring to its earlier decisions has held at paragraph 8 as follows: “8. Undoubtedly, the right to enforce a right in a court of law cannot be effaced. However, it must be remembered that courts are overburdened with a large number of cases. The majority of such cases pertain to government departments and/or public sector undertakings. As is stated in Chief Conservator of Forests case it was not contemplated by the framers of the Constitution or CPC that two departments of a State or the Union of India and/or a department of the Government and a public sector undertaking fight a litigation in a court of law. Such a course is detrimental to public interest as it entails avoidable wastage of public money and time. These are all limbs of the Government and must act in coordination and not confrontation. The mechanism set up by this Court is not, as suggested by Mr. Andhyarujina, only to conciliate between the government departments. It is also set up for purposes of ensuring that frivolous disputes do not come before courts without clearance from the High-Powered Committee. If it can, the High-Powered Committee will resolve the dispute. If the dispute is not resolved the Committee would undoubtedly give clearance. However, there could also be frivolous litigation proposed by a department of the Government or a public sector undertaking. This could be prevented by the High-Powered Committee. In such cases there is no question of resolving the dispute. The Committee only has to refuse permission to litigate. No right of the department/public sector undertaking is affected in such a case. The litigation being of a frivolous - 3 - nature must not be brought to court. To be remembered that in almost all cases one or the other party will not be happy with the decision of the High-Powered Committee. The dissatisfied party will always claim that its rights are affected. When in fact, no right is affected. The Committee is constituted of highly placed officers of the Government, who do not have an interest in the dispute, it is thus expected that their decision will be fair and honest. Even if the department/public sector undertaking finds the decision unpalatable, discipline requires that they abide by it. Otherwise, the whole purpose of this exercise will be lost and every party against whom decision is given will claim that they have been wronged and that their rights are affected. This should not be allowed to be done.” The Government Company appears to have rushed to the Court directly without first exploring all remedies for resolution of an inter departmental government dispute. If so advised, the petitioner may file an application within 30 days from today before the Secretary, Department of Energy, Government of Bihar, who shall then proceed to constitute a committee for deciding the matter in accordance with law at his earliest convenience. If the petitioner seeks any interim relief before the Committee the Court expects it to consider the same appropriately in accordance with law. The writ application stands disposed. KC ( Navin Sinha, J.)