JUDGMENT: Mr. Aparesh Kumar Singh, Amicus Curiae, has shown his inability to appear in this case due to his personal reason, but after knowing the personal reason, learned counsel appearing for the Jharkhand State Electricity Board, the State and the Jharkhand State Regulatory Commission as well as this Court are of the opinion that Mr.Singh, Amicus Curiae, can continue to assist in this matter where no personal interest of any body is involved, but in a public interest litigation matter, there is no conflict of interest of learned counsel with any of the parties, nor he has any favour or bias for any party. 2. Therefore, we expect that he may continue to assist this Court in this matter. 3. This bulky file is not because of bulky petition but because of the orders passed by this Court in the last ten years. If all the orders are published, it will become a good book dealing with the problems of electric supply in the State of Jharkhand and more particularly only for the capital city of State of Jharkhand, Ranchi. 4. Be that it may be, we do not want to increase pages and we confining to our last order dated 1.08.2011, whereby this Court directed the Regulatory Commission to submit interim report with respect to the measures taken for providing adequate and continuous supply of electricity to the people of the State of Jharkhand. The Commission was permitted to submit interim report and the Commission, in time, submitted the interim report, which we have perused. The Commission in its interim report submitted as under: “The Commission feels that at present there is no shortage of availability of power. The problem is in the distribution network which needs to be strengthened and proper maintenance at regular intervals which has been dealt with in (A) above in the report. The Commission will continue to monitor this.” 5. The above observation clearly indicates that in the opinion of the Commission there is no shortage of power generation/supply to the Jharkhand State Electricity Board; meaning thereby the electricity is available but we are of the opinion that public is not getting. 6. Learned counsel for the Commission submitted that in a short period of ten plus years, the Electricity Board has fourteen chairmen. This itself is a sorry state of affairs in the matter of governance relating to the most essential public service. 6. Learned counsel for the Commission submitted that in a short period of ten plus years, the Electricity Board has fourteen chairmen. This itself is a sorry state of affairs in the matter of governance relating to the most essential public service. Other suggestion given by the Commission are as under: “Besides reorganization and restructuring of JSEB, which is sub-judice, the Commission feels that the following suggestions may have direct impact of the overall functioning of the JSEB: ? Finalize and notify State Electricity Policy. ? Fixed tenure for the post of the Chairman of the Board. ? Board must consist of Technocrats with laid down accountability. ? Upgradation and augmentation of transmission and distribution network on priority. ? Perform as service provider with professional approach. ? Prefer out of Court settlement than litigation. ? Bill all collect All. ? Realization of dues from Government/Private consumers. 7. Thereafter, the Commission has observed as follows: “JSEB has to improve a lot to bring its services at the optimum level and the Commission is also consciences of this with limited option it has, therefore, all endeavours are being made towards to improve the functioning of the JSEB. The Commission is also persuading other licensees to apply for distribution license and the Commission is not averse to grant such parallel license if one fulfils the requirements as envisaged under the Act. The competition certainly enhances the efficiency. Interest of bonafide consumers is of paramount consideration for the Commission.” 8. Learned Advocate General appearing on behalf of Jharkhand State Electricity Board submitted that the Commission has submitted the interim report and let them submit final report. 9. We cannot wait for that and we direct the State Electricity Board to address on the issue with respect to the stability in the management of the Board and to come out with State Electricity Policy as has been desired by the Commission in its first point requiring finalization and notification of the State Electricity Policy. We expect that the State Electricity Board will cover all the issues and, therefore, the State Electricity Board and the State Government may come out with their plea whether they have framed the State Electricity policy and, if framed, it has been reviewed to make out up-to-date policy. We expect that the State Electricity Board will cover all the issues and, therefore, the State Electricity Board and the State Government may come out with their plea whether they have framed the State Electricity policy and, if framed, it has been reviewed to make out up-to-date policy. If that policy is not there and yet they are desirous of framing that policy, then what steps they are proposing for notifying the State Electricity Policy. 10. We are passing this order giving an opportunity to the State Government and the Electricity Board to take all the management in relation to the electric supply to the public in their own hand from the Court monitoring any Public Interest Litigation and in case there will be no effective steps, the Court will have to continue with this Public Interest Litigation treating that they have yet not come up to the expectations of the Court in the matter of governance. The State and the Electricity Board both may have their meetings to work out on the issues referred above and submit their plea before this Court on or before 17th October, 2011. 11. Learned counsel for the Regulatory Commission drew our attention to a fact that the Commission has already framed a draft policy in the year 2007 and the said policy has been forwarded to the State Government. This fact may also be taken note of by the State Government and the State Electricity Board that they have got sufficient time in coming out the State Electricity Policy. 12. Put up these matters on 17.10.2011. 13. Let copies of this order be given to the learned Amicus Curie, counsel for the Electricity Board and Commission.