Details of power supply position in Bihar

Electricity being a concurrent subject, the supply and distribution of electricity to the consumers is within the purview of the respective State Government/ Power Utility. Government of India has been supplementing the efforts of the States/ UTs for improving power supply in rural areas.

In the State of Bihar, electrification of a total of 2,906 villages and 32,59,041 households was achieved under the scheme of The Deen Dayal Upadhyaya Gram Jyoti Yojana and Pradhan Mantri Sahaj Bijli Har Ghar Yojana'-Saubhagya respectively. 

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Under  Revamped Distribution Sector Scheme, 42,635 households have been sanctioned for grid electrification in the State of Bihar including works sanctioned for households belonging to  Particularly Vulnerable Tribal Groups, identified under Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan.

The details of power supply position in Bihar for the last five years and current year (upto December 2024) along with demand and supply ratio of electricity is in the picture. 

DPR for diversion of Khando River in India Portion and Jeeta Dhar in No Man's Land submitted to Ganga Flood Control Commission

Responding to the question of Dileshwar Kamait about a bilateral dialogue held on January 4, 2025 in Birpur under Supaul district of Bihar among the representatives of Nepal and Water Resource Department of Bihar Government, Union Water Resource Department and local Member of Paliament to discuss the issue of inter-linking the rivers originating from Nepal viz. Jitadhar and Khando rivers to mainstream, Ministry of Jal Shakti replied, "There is no such bilateral dialogue has held on this subject on 4th January, 2025." The meeting is scheduled in March, 2025. 

Kamait also asked: "whether the Koshi, Jitadhar and Khando rivers flow by changing their course from their mainstream consequently affecting Kuanuli, Kamalpur and Dagmara villages and other blocks of Supaul district by causing heavy damage to the life and property and if so, the details thereof and whether No Objection Certificate (NOC) is required from Nepal to bring these rivers into their mainstream; and (e) if so, the concrete steps taken/likely to be taken by the Government to seek such NOC? "

The ministry replied:"The Koshi, Jitadhar and Khando rivers flow by changing their course from their mainstream consequently affecting Kuanuli, Kamalpur and Dagmara villages and other blocks of Supaul district causing damage to the life and property. In this connection, Water Resources Department (WRD), Govt. of Bihar has submitted the Detailed Project Report (DPR) of the project namely "Channelization of Khando River in India Portion and Jeeta Dhar in No Man's Land (with estimated cost Rs. 54.7992 crore)" to Ganga Flood Control Commission, Patna with works falling in no man's land which requires prior permission through diplomatic channel from Govt of Nepal for their construction. In this connection, site visit by members from India and Nepal of Sub-group of Joint Committee on Inundation and Flood Management (JCIFM) is proposed during 20th March 2025 to 24th March 2025."

CAG Report Reveals Crisis ridden Bihar’s Healthcare System, Media Highlights Decay of Health Department

The 294 page long report of the Comptroller and Auditor General (CAG) of India with regard to Performance Audit on Public Health Infrastructure and Management of Health Services, Government of Bihar was tabled on November 28, 2024. It was sent to the government on October 28, 2024. The report is signed by Raj Kumar, Principal Accountant General (Audit), Bihar and countersigned by Comptroller and Auditor General (CAG) of India.

The relevant part of Article 151 reads: "The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State." Article 148 of the Constitution makes a provision for CAG of India, It reads:"There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on like grounds as a Judge of the Supreme Court." Article 149 of the Constitution deals with the duties and powers of the CAG. It reads: "The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the provinces respectively." Article 150 of the Constitution deals with the "Form of Accounts of The Union and of The States." It reads: "The accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the Comptroller and Auditor-General of India, prescribe." CAG's performance audit report on Public Health Infrastructure and Management of Health Services was prepared for submission to the Governor of Bihar under Article 151.

The news channels, newspapers, news sites and social media reported the decay of the Bihar's Health Department recorded in the CAG's audit report.

The Hindu says, CAG reports highlights glaring deficiencies in Bihar health infrastructure Out of budget provisions of ₹69,790.83 crore made during FYs 2016-17 to 2021-22, Bihar spent only ₹48,047.79 crore (69 %), leading to non-utilizations of ₹21,743.04 crore (31%).

Indian Express has reported that As Bihar’s healthcare system crumbled and doctor shortage persisted, state failed to spend its full health budget for years, CAG finds. According to the CAG, "between the financial years of 2016-17 and 2021-22, the state spent only Rs 48,047 crore (69 per cent) of total budget provisions of Rs 69,730 crore".

National Herald reports Huge gaps in Bihar's medical facilities, says CAG report Facility of diagnosis and management of cases of cardio-vascular disease, cancer, myocardial infraction and stroke facilities were not available in any of the test-checked district hospitals.

The Times of India has reported that Bihar's healthcare system in shambles, says CAG report

Press Trust of India and The Print has reported that CAG audit report finds acute shortage of doctors in Bihar

Swastha Bharat says, बिहार में स्वास्थ्य व्यवस्था भगवान भरोसे

ABP reports CAG Report For Period 2016-22:बिहार के स्वास्थ्य सेवा क्षेत्र पर भारत के नियंत्रक एवं महालेखा परीक्षक की रिपोर्ट में पाया गया है कि राज्य में चिकित्सकों और पैरामेडिकल स्टाफ की भारी कमी है.

New Indian Express has reported that Bihar faces acute healthcare crisis: CAG report highlights severe shortage of doctors, staff, and equipment The CAG report also scrutinized procurement data from the Bihar Medical Services and Infrastructure Corporation Limited (BMSICL).

The important findings relating to human resources of the healthcare infrastructure and services are as under:

•There were 49 per cent vacancies across the offices of the department i.e., Directorate of Health Services, State Drug Controller, Food Safety wing, AYUSH and Medical College and Hospitals (MCHs).

• In Bihar, against the projected population of 12.49 crore as of March 2022, 1,24,919 allopathic doctors (1:1,000) were required to fulfil the recommendation of World Health Organisation (WHO) against which, only 58,144 (1:2,148) allopathic doctors were available as of January 2022.

• Shortage of staff nurse against sanctioned strength varied from 18 per cent (Patna) to 72 per cent (Purnea). Shortage of paramedics against the sanctioned strength ranged from 45 per cent (Jamui) to 90 per cent (East Champaran). 

• There was significant staff shortage in all the cadres ranging from 35 per cent to 81 per cent, in AYUSH health care facilities.

• The Human Resource agency hired for recruitment of required manpower, at different levels of healthcare services published (October 2019-January 2021) advertisements for 82 types of 24,496 posts. However, recruitment of 35 types of 13,340 posts was pending as of January 2022.

The findings relating to Healthcare Services are as under:

 • Basic amenities such as drinking water, fan, separate toilets for males and females, chairs etc., were deficient in the Out-Patient Department (OPD)/registration areas of the test-checked healthcare facilities (four SDHs, two RHs, four CHCs and 10 PHCs).

• As per Indian Public Health Standards, emergency OT was to be made available in each SDH, but it was not available in all the test-checked four SDHs. Besides, accident and trauma care services were also not available in any of the test-checked SDHs (except Mahua (Vaishali)).

• Out of 20 test-checked healthcare facilities, Antenatal Care (ANC) facility was not available in SDH, Udakishunganj, PHC, Bihta and Noorsarai. In the remaining 17 healthcare facilities, whenever a registered pregnant woman turned up for ANC, a new number was being allotted to her. Besides, one per cent to 67 per cent of the registered pregnant women were not supplemented with full course of IFA tablets during 2016-22.

• Out of 24 cases of maternal deaths reported in 16 test-checked healthcare facilities, during FYs 2016-22, maternal death review had been conducted in only one case, in PHC, Goraul.

• In test-checked 68 healthcare facilities of different levels (from HSC to SDH) required number of  diagnostic test facilities were not available from 19 per cent to 100 per cent and diagnostic facilities were not available beyond OPD hours except CHC, Kako and PHCs Ratni Faridpur, Sikariya and Shankarpur.

• In test-checked healthcare facilities, shortages of Lab Technicians (LTs) ranged from nil to 100 per cent (on average) against the sanctioned strength during 2016-22.

• Joint physical verification of 25 ambulances showed that none of the ambulances had required equipment/medicine/consumables as per the agreement. The shortages ranged from 14 per cent to 100 per cent.

• Six test-checked blood banks operated without valid license, for a period ranging between three years to 21 years. This depicts lack of monitoring control on the part of SDC.

• None of the test-checked 10 SDHs, RHs and CHCs had functional Blood Storage Units (BSUs). In eight healthcare facilities, BSUs were non-functional due to the non-availability of manpower and authorisation certificates issued by the State Licensing Authority even when the equipment and consumables were available.

The findings relating to Availability of Drugs/Medicines, Equipment and Other Consumables of the healthcare infrastructure and services are as under:

 • For providing necessary medicines to the patients free of cost at all health care facilities, the department had prepared an Essential Drugs List (containing up to 387 number of drugs during 2016-22), but the nodal agency i.e., BMSICL, had executed rate contracts with suppliers for only 14 to 63 per cent drugs, during the period, resulting in non-availability of such medicines.

• During 2016-22, BMSICL received 197.38 crore units of drugs/ surgical items valuing ₹ 1,290.39 crore, against 13,440 purchase orders. The received drugs/surgical items had remaining shelf life from 35 per cent to 74 per cent of their total life against the required minimum 75 per cent.

• In test-checked healthcare facilities, non-availability of essential drugs for Out-Patient Departments ranged between 21 per cent to 65 per cent and for In-Patient Departments, the non-availability was 34 per cent to 83 per cent, during 2016-22.

• In Darbhanga Medical College and Hospital (DMCH) and Government Medical College and Hospital (GMCH), Bettiah, it was observed that 45 per cent to 68 per cent drugs were not available during FYs 2019-21, due to short/non-supply of drugs by the BMSICL.

• State Ayush Society, Bihar, could not purchase essential drugs prescribed by Government of India (GoI), though grants of ₹ 35.36 crore for this purpose were provided during FYs 2014-20.

• In Government Tibbi College & Hospital, Patna, 55 drugs costing ₹ 22.33 lakh, purchased during October 2018 to October 2019, without assessment of their requirement, could not be utilised and had been kept idle in stock, and the shelf-life of 20 medicines had already expired.

• Acute shortages of equipment were noticed in the departments of each of the test-checked medical college and hospitals. The shortages, against the required number of machines and equipment, ranged between 25 per cent and 100 per cent, 33 per cent and 94 per cent and 50 per cent and 100 per cent, in DMCH, PMCH and GMCH, respectively.

• Out of available 132 ventilators in test-checked healthcare facilities, only 71 (54 per cent) ventilators were found functional. Four ventilators were non-functional and 57 (43 per cent) were lying idle, due to non-availability of technician and non-functional ICU.

The findings relating to Healthcare Infrastructure are as under:

• There was significant shortage of healthcare facilities, from Health Sub-Centre(HSC) level to Referral Hospital (RH)/Community Health Centre (CHC) level. Further, Sub-Division al Hospitals (SDHs) were not available in 47 sub-divisions.

• Government of Bihar had not prepared any comprehensive health policy/plan, aligned with the National Health Policy, 2017, to address the gaps of infrastructure/equipment in every healthcare facility.

• Health Department accorded (March 2007 to February 2010) sanction for upgradation of 399 out of 533 Primary Health Centres (PHCs) into CHCs but the executing agency i.e., Bihar State Building Construction Corporation Limited had completed construction work of buildings in only 191 PHCs, as of March 2022.

• The Department provided (April 2011 to November 2015) funds of ` 257.02 crore to Bihar Medical Services & Infrastructure Corporation Limited (BMSICL), for upgradation of 198 PHCs into CHCs but work was started at 93 places and only 67 works for construction of buildings could be completed.

• Out of total 1,932 Primary Health Centres/Additional Primary Health Centres (APHCs), 846 (44 per cent) were not functioning on 24X7 basis. Further, only 566 (29 per cent) had labour room, 276 (14 per cent) had Operation Theatre (although mandatory as per guidelines) and only 533 (28 per cent) had at least four beds, against the requirement of six beds.

• It was observed that only 4,129 (52 per cent) Health and Wellness Centres (HWCs) were in existence, as on March 2022, against the target of 7,974 in the State and several deficiencies such as non-availability of toilets, drinking water, waiting space facilities were found in the test-checked HWCs.

The findings relating to Financial Management of the healthcare infrastructure and services are as under:

• Government of Bihar (GoB) made budget provisions of ₹ 69,790.83 crore during financial years (FYs) 2016-17 to 2021-22. Out of these provisions, only ₹ 48,047.79 crore (69 per cent) were spent by the Department, leading to savings of ₹ 21,743.04 crore (31 per cent).

• The savings were mainly attributable to: (i) the absence of gap analysis for raising demands for the budget and (ii) non-receipt of indents/demands from districts, on time.

• The percentage of expenditure on healthcare against the Gross State Domestic Product (GSDP) ranged between 1.33 per cent and 1.73 per cent only, whereas the percentage of healthcare expenditure against the Budget of the state, was between 3.31 per cent and 4.41 per cent, less than the required 2.5 per cent and 8 per cent of the GSDP and State Budget, respectively.

• In all the test-checked three Medical College and Hospitals (MCHs), during FYs 2016-22, 100 per cent persistent savings were noticed, in certain heads of expenditure viz., Training, Publishing and printing etc. However, the Department kept releasing funds, which remained unutilised and were surrendered on the last day of that financial year.

The finding relating to Implementation of Centrally Sponsored Schemes of the healthcare infrastructure and services are as under:

• There were delays in payments (31 to 60 days in 17 per cent, 61 to 180 days in 18 per cent and more than 180 days in six per cent cases) made to sampled 2,378 Janani Suraksha Yojana beneficiaries, covered in nine test-checked healthcare facilities during financial years 2016-22. In 11 per cent cases, no payments were made.

The findings relating to Adequacy and Effectiveness of the Regulatory Mechanisms of the healthcare infrastructure and services are as under:

 • Only 27 to 42 per cent of sellers could be inspected by the Drug Inspectors during FYs 2016-22 (up to November 2021) and due to inadequate number of inspections, it could not be ascertained that provisions of the Act/Rules were being complied and quality drugs were being provided to the patients.

• There was acute shortage of manpower in State Drug Controller (SDC) establishment (100 per cent on the post of Deputy Drug Controller, 26 per cent in Assistant Drug Controller and 36 per cent in Drug Inspector), as of December 2021. This was one of the important reason for less inspections leading to ineffective monitoring mechanism.

• Out of 1,350 samples collected for quality test, only 17 per cent samples could be analysed within the stipulated time and remaining were analysed with delays of 61 days to 540 days. Due to delays in analysis, it could not be possible to take timely action, in case the drugs were found of sub-standard quality.

The findings relating to Sustainable Development Goals of the healthcare infrastructure and services are as under:

• As per SDG India Index Report (2020-21) of NITI Aayog, Bihar scored 66, out of 100 SDG index score for SDG-3.

• Achievement of Bihar in respect of key health indicators (like MMR, NMR, TFR etc.) was far below the SDG target, as well as average national achievement during 2020-21.

The CAG's Audit Report recommends that the State government ought to ensure:
1. that adequate number of healthcare personnel are deployed in healthcare facilities, according to relevant norms/benchmark.

2. that waiting time for registration is reduced, by adding registration counters and registration staff etc. 

3. availability of maternity services (Antenatal Care, Intra-partum care and Post-partum care) to every pregnant woman/mother.

4. that radiology and Ambulance services are operational in the designated healthcare facilities, with the required manpower and equipment.

5. preparation of Comprehensive plans for Bio-Medical Waste management.

6. segregation of Bio-Medical Waste and proper disposal thereof, as also the establishment of Effluent Treatment Plants in all healthcare facilities.

7. that Fire Safety Plan is prepared by the Health Department and fire extinguishers
are installed in every healthcare facility.

8. at healthcare facility level there is a defined and established system for grievance redressal mechanism for beneficiaries.

9. BMSICL executes rate contracts, prepare annual procurement plan for procurement of equipment, to ensure their timely availability and distribution thereof across healthcare facilities.

10. terms and conditions of the supply contracts are adhered to, for ensuring the timely supply and adequate shelf life of drugs. 

11. that drugs and surgical items are stored at the prescribed temperature and moisture standards, to help preserve their shelf life.

12. that required equipment and drugs as per EDL, are available in all the healthcare facilities.

13. carrying out quality tests of each batch of drugs and surgical items. Further, proficiency tests of drugs are conducted, to ensure random cross-checking of the quality of test results.

14. to provide the required equipment and make them functional in healthcare facilities, in accordance with MCI/NMC norms.

15. proper utilisation of idle ventilators through deployment of adequate manpower.

16. that Health Department conducts a proper review of all civil works, for their timely completion, through the concerned agencies.

17. to prepare a comprehensive health policy/plan, to bridge gaps in infrastructure, in the existing healthcare facilities.

18. that budget provisions of the Health Department are prepared on a realistic basis, considering the demands raised on the basis of gap analysis, at the district level.

19. timely finalisation of tenders and completion of projects, so that available funds are utilised effectively.

20. adequate allocation of funds for primary healthcare, as well as enhancement in healthcare sector spending, in line with the National Health Policy, 2017.

21. that available funds are utilised in line with time bound targets, as framed under the guidelines of NAM.

22. that arrangements are made to ensure timely payment to the beneficiaries under the Janani Suraksha Yojna. 

23. periodic inspections of manufacturers’/sellers’ establishments.

24. deployment of sufficient and qualified manpower in the offices of the State Drug Controller and State Drug Controller (AYUSH), for their effective functioning.

25. timely testing of Allopathic and AYUSH drugs, to mitigate the possible risks of spurious/NSQ drugs.

26. upgradation of training infrastructure to ensure regular training to technical staff, for updating their skills.

27. proper maintenance and regular updation of records relating to Application, Renewal, Cancellation and Grant of licences, to Manufacturing Units and Blood Banks.

28. that District Registration Authorities monitor clinical establishments under their area and enforce the provisions of the Clinical Establishments Act. 

29. that Maternal and child healthcare services are provided according to the relevant norms and standards, to achieve the desired SDG target, related to maternal and child health.

30. phased targets are outlined for all districts, in line with the overall targets, as outlined in the Bihar SDG Vision document.

31. district-wise status of SDG health indicators is prepared and monitored regularly.

 

Previous State Chief Information Commissioners of Bihar failed to publish Annual Report of Bihar Information Commission for more than 6 years

The Report Card on the Performance of Information Commissions in India, 2023-24 brought out by Satark Nagrik Sangathan (SNS) in October 2024 reveals that the State Information Commission (SIC) of Bihar has not published its annual report since 2017-18 i.e. for more than 6 years during the tenure of the previous State Chief Information Commissioners of Bihar, namely Narendra Kumar Sinha, ex-IAS (2020-September 2023) and Ashok Kumar Sinha, ex-IAS (2015-2019). Bihar SIC does not maintain crucial information about the show cause notices were issued to PIOs under the penalty clause of the Right to Information Act, 2005. It imposed penalty in only 59 cases. The total amount of penalty imposed by SIC during July 2023-June 2024) was Rs 13,30,000. 

The details of penalty imposed under Section 20(1) of the RTI Act for period 2025-2023 are available at https://sic.bih.nic.in/documents/Penalty/BIC_Penalty_Report_2015to2023.pdf and https://sic.bih.nic.in/documents/Penalty/Penalty_BIC_2020to2023.pdf

The SIC of Bihar returned 11,807 appeals/complaints which is more than what it registered during the same period – 10,548. Out of 10,548 appeals and complaints registered, it disposed of 5,540 appeals and complaints disposed by passing orders during July 1, 2023-June 30, 2024. The Bihar SIC has been functioning with just 3 commissioners(Chief + 2 commissioners) even though it has a backlog of more than 25,101 appeals and complaints. The assessment shows that the estimated waiting time for an appeal/complaint to be disposed by the Bihar SIC is 4 years and 6 months. 

Using data on the backlog of cases in the State Information Commission and its monthly rate of disposal for 2023-2024, the time it would take to dispose an appeal/complaint filed with an Information Commission on July 1, 2024 was computed (assuming appeals and complaints are disposed in a chronological order). For Bihar, the estimated time for disposal would be 4 and a half years.  

On April 4, 2022, Bihar Governor had administered the oath of office to Phool Chandra Choudhary, a retired Bihar judicial officer and Tripurari Sharan, a retired IAS officer as Information Commissioners of the state. Bihar State Information Commission is a statutory body, which was established in June 2006 under Section 15 of the Right to Information Act, 2005. There are three posts of Information Commissioner in addition to the Chief Information Commissioner in the Bihar State Information Commission. The first Chief Information Commissioner of the State was Justice Shashank Kumar Singh (2006-2008). Justice Singh was a retired judge of Patna High Court. He was judge of the High Court during 1990-2005. After that only IAS officers have been deemed qualified for the post. 

Notably,  some 90 cases against the Bihar SIC are pending before the Supreme Court and High Court filed during 2008-2023. 

The Report Card of 2023 had revealed that Bihar SIC functioned with just 2 commissioners for the several months even though it has a backlog of more than 28,000 appeals and complaints. The Bihar SICs returned a large number of appeals/complaints without passing any orders during the period July 2022 to June 30, 2023. The SIC of Bihar returned 14,304 appeals/complaints which is more than what it registered during the same period – 12,063. Comparative data from the previous assessment for the SIC Bihar had shown significant increase in the backlog of appeals/complaints since June 2022. The estimated time required for disposal of appeal/complaint for appeal/complaint filed on July 1, 2022 was 2 years and 2 months. For appeal/complaint filed on July 1, 2023 was 2 years and 4 months. The SICs of Bihar stated that it does not maintain information regarding total show cause notices issued to PIOs under the penalty clause of the RTI Act. The SICs of Bihar has stated that data on the number of cases in which disciplinary action was recommended is not maintained by it.  The assessment found that Bihar IC did not use its power to award compensation. The SIC of Bihar does not upload its orders or do not allow public access to the orders on their website. Since its inception Bihar never ever had a woman information commissioner. 

The current Chief Information Commissioner of the State Tripurari Sharan was administered the oath of office as the State Chief Information Commissioner by Bihar Governor on December 28,  2023 but the web link which provides brief profile of the present State Chief Information Commissioner of Bihar is non-functional. Prior to this Bihar SIC has been functioning without a Chief Information Commissioner since May 2023. 

The web link which provides brief profile of present State Information Commissioners of Bihar is functional. It provides details about Prakash Kumar, a journalist who has been appointed as one of the State Information Commissioners but it does not provide details about Tripurari Sharan. It is hoped that the new CIC of Bihar will make BIC website fully functional and set matters right in all aspects. 

High Court dismisses appeal of Bihar Finance Department against an Electrician

In the State of Bihar through Principal Secretary, Finance Department vs. Hirdayanand Tiwari, Patna High Court's Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, heard the appeal filed by the State against the judgement dated December 13, 2021 delivered by the Single Judge Bench of Justice P. B. Bajanthri and endorsed it in their judgement dated September 3, 2024. Besides Principal Secretary, Finance Department, Bihar, there were four appellants, namely, the Principal Secretary, Minor Irrigation Department, Bihar, the Engineer in Chief, Minor Irrigation Department, Bihar, the Co-ordinator-cum-Chief Engineer, Tube Well Project, Muzaffarpur and the Executive Engineer, Tube Well Division, Motihari. The Division Bench judgement concluded: "We find absolutely no reason to interfere with the judgment of the learned Single Judge". It provided additional reasons in support of the judgement of the Single Judge.

The Single Judge Bench had heard Hirdayanand Tiwari's prayer who was appointed as an Electrician in the Tube-well Department. Initially, he was extended the pay-scale of Rs. 1200-1800. The Pay-scale was revised from time to time. In the year 1996, the post of Electrician was revised among other posts. The petitioner was extended benefit of Rs. 4000-6000, thereafter, the Department noticed that such extension of pay-scale of Rs. 4000-6000 by the petitioner in the year 1996 with reference to revised pay-scale as on 01.01.1996 was incorrect. In the result, an order was passed for re-fixation of pay and order for recovery. It was the subject matter of litigation before this Court in CWJC No. 10325 of 2012 and it was decided on March 8, 2019 in favour of the petitioner. The impugned order dated September 19, 2019 was passed re-fixing the petitioner’s pay w.e.f. January 1, 1996 in the pay-scale of Rs. 3050-4590. The petitioner petitioner was initially extended the pay-scale of Rs. 1200-1800 for the Electrician Post. He was given corresponding revised pay-scale from time to time. As on January 1, 1996, the Electrician post carries the pay-scale of Rs. 1200-1800 as was revised to Rs. 4000-6000. He submitted that the concerned respondent’s decision dated September 19, 2019 was not with reference to the service record in which petitioner’s pay-scale has been mentioned as Rs. 1200-1800 at the time of appointment to the post of Electrician. Hence, the impugned order dated September 19, 2019 was liable to be set aside and petitioner be extended the benefit of pay-scale of Rs. 4000-6000 that was revised on January 1, 1996 and he was entitled to consequential benefits.

Justice Bajanthri had set aside the impugned order dated September 19, 2019. His judgement reads: "Petitioner is entitled to revised pay-scale of Rs. 4000-6000 as on 01.01.1996 in the Electrician Cadre, the same shall be extended. If the petitioner is entitled for arrears of pay and revision of pension, the same shall be calculated and disbursed to the petitioner within a period of three months from the date of receipt of this order. Accordingly, the present petition stands allowed with a cost of Rs. 10,000/- which shall be paid to the petitioner by the respondents."

It was this judgement which was unsuccessfully challenged by the Principal Secretary, Finance Department, Government of Bihar. The Division Bench judgment observed:"At the outset, it is trite that when an employee is promoted to a new cadre or regularized in the services; there cannot be any discrimination on the basis of the source from which the promotion was conducted or the regularization was made, especially when, in the promoted post or the regular post the employee continues with the very same responsibilities, obligations and duties as a person who was promoted or appointed from another source." The judgement was authored by Chief Justice Vinod Chandran. 

S.P., Bhojpur directed to produce original records of departmental enquiry for dismissal of a constable: Patna High Court

Pasupati Nath Thakur filed the writ petition (civil) on September 10, 2009. It was registered on that very day. The first order was passed on October 10, 2009 by Justice Navin Sinha. The second order was passed by Justice Shivaji Pandey on January 25, 2018. On February 28, 2018, Justice Pandey made an order. It reads:"It appears that the State has not filed any counter affidavit in the matter. Let the State file counter affidavit in the matter within three weeks from today. In failure to file the counter affidavit, the Court will decide the case on the basis of the materials available on record. Let this case be listed after three weeks under the same heading."

On March 26, 2018, Justice Pandey passed an order. It reads: "This Court on 28.2.2018 has granted time to the State to file counter affidavit but till date no counter affidavit has been filed. Let this case be listed on 20th April, 2018 under the same heading. It the State fails to file counter affidavit, on the next date, the Superintendent of Police, Bhojpur will remain physically present in Court to assist this Court." On July 11, 2018, Justice Mohit Kumar Shah made an order in Pasupati Nath Thakur vs. State of Bihar. It reads: "The respondents are directed to produce file pertaining to the conduct of departmental proceeding against the petitioner herein within a period of four weeks from today. List after four weeks." It is clear from the order that the the Superintendent of Police, Bhojpur is the key respondent. Neither the orders nor the case status on the Court's website provide details about other respondents. 

The writ petition was dismissed and disposed on August 16, 2018. The writ petition was filed for quashing the order of punishment dated 6.12.2003 whereby the petitioner has been dismissed from service as also the order dated 12.6.2009 passed by the Director General of Police whereunder the Appeal memorial, preferred by the petitioner has been dismissed. A disciplinary proceeding was initiated against the petitioner vide Departmental Proceeding No. 08 of 1999 and charges were framed pertaining to the petitioner engaging in gross misconduct and indiscipline, disobeying the orders of the authorities and being absconder from duty. The petitioner was intimated for appearing in the ongoing departmental proceeding vide memo No. 12.5.1999, 29.7.1999, 22.8.1999, 30.8.1999, 5.10.1999, 6.11.1999, 20.11.1999 and 25.12.2000, but the petitioner did not appear in the Reserve office. Thereafter, a registered letter dated 8.6.1999 as also other letters were sent by the Superintendent of Police, Patna to the petitioner for participating in the ongoing departmental proceeding. The enquiry officer had then, on the basis of the materials available on record, found the petitioner to be guilty of the charges levelled against him. The Superintendent of Police, Bhojpur, being in agreement with the opinion of the enquiry officer, issued a second show cause notice to the petitioner on 3.3.2002 and upon request of the petitioner herein, further time was granted to the petitioner to submit his reply, but he did not submit any clarification resulting in the disciplinary authority passing the order of punishment of dismissal from service dated 6.12.2003. Thereafter, the Deputy Inspector General of Police, Sahabad Range, Dehri-on-Sone before whom the petitioner had preferred an appeal, rejected the appeal of the petitioner vide order dated 14.2.2007. Thereafter, the petitioner is said to have filed appeal/ memorial before the Director General of Police, Bihar, Patna, which was rejected by an order dated 12.6.2009.

The petitioner's counsel submitted that on account of bona fide reason, the petitioner could not attend his duties. It is further submitted that the impugned order of punishment is bad inasmuch as no opportunity of hearing was granted to the petitioner and the enquiry has been conducted ex parte.

The order of Justice Shah reads: "I find that there is no lacuna in conduct of the disciplinary proceeding as against the petitioner herein and on this score no fault can be found. Now, coming to the issue raised by the petitioner regarding him not having been granted opportunity of hearing, during the course of the disciplinary proceeding, I find that the petitioner had voluntarily not submitted his clarification and deliberately avoided participating in the disciplinary proceedings, which proves the guilt of the petitioner beyond doubt." 

He observed: "It is also clear from the records that the petitioner is a habitual absconder from duty. It is a trite law that no indiscipline can be tolerated by the employees of an armed force/police force and any misconduct on the part of such delinquents is required to be treated with firm hands inasmuch as tolerating any sort of indiscipline will amount to spreading a wrong message amongst other members of the armed force/police force."

The Court noted that "charges levelled against the petitioner have been conclusively proved beyond doubt, the petitioner has no defence to the same and admittedly he has been an absconder inasmuch as the petitioner was absent from duty in an unauthorized manner without leave." 

It concluded:  "the order of punishment dated 06.12.2003 as also the appellate order dated 14.02.2007 and the Appeal memorial order dated 12.06.2009 do not require any interference, there being no procedural infirmity or impropriety in conduct of the disciplinary proceedings. Having regard to the facts and circumstances of the case and for the reasons stated herein above, there is no merit in the present writ petition, hence, the same is dismissed."

Pashupati Nath Thakur filed Letters Patent Appeal in Civil Writ Jurisdiction Case No.12945 of 2009 on October 16, 2019 against four respondents, namely the State of Bihar, the D.G.-cum-I.G. of Police, Patna, Bihar, the D.I.G. of Police, Shahabad Range, Dehari On-Son and the S.P., Bhojpur. It was registered on that very day. On August 5, 2024, the division bench of Justices P. B. Bajanthri and Alok Kumar Pandey condoned the delay in filing LPA No. 1352 of 2019. The order records: "The appellant has assailed the order of learned Single Judge dated 16.08.2018. In LPA No. 1352 of 2019 on 16.10.2019, there is a delay of about 76 days while taking note of the uploading of learned Single Judge order was on 30.05.2019. For the reasons stated in application and read with the affidavit delay of about 76 days stands condoned."

On August 27, 2024, the bench of Justices Bajanthri and Pandey recorded in their order that "Mr. Saroj Kumar Sharma, the learned counsel for the State could not apprise this Court with reference to the original records in respect of departmental enquiry. One of the issue is relating to communication of charge memo to the appellant and to that extent and what is the material document is available on the record. Further, we are not satisfied with the mentioning of dates in the charge memo whether it is 1998 or 1999. Similarly, if he remains ex-parte in the enquiry, the enquiring officer had issued notice to the appellant for his appearance on various dates and such of those copies of the notices address to which place and other details are not forthcoming. Further, assuming that he remained ex-parte. In all fairness, disciplinary authority and enquiry authority was required to undertake notifying the proposed disciplinary proceedings in the leading newspaper publication where the last residential address furnished by the appellant. Similarly, while issuing second show cause notice and so also passing final order of dismissal on 06.12.2003. In other words, even though, Mr. Saroj Kumar Sharma, the learned counsel for the State is having original records and he is not in a position to apprise the aforementioned information."

The order concluded: "Therefore, the Superintendent of Police, Bhojpur is hereby directed to depute an official who is well conversant with the present file so as to assist in the matter with reference to all dates and events read with documents including relevant regulations/rules governing the constable post for the purpose of initiating and concluding disciplinary proceedings whether was it under Police manual or CCA rules, unamended Rules, 2005, or not?" The case is re-listed for hearing on September 10, 2024.

Decoding proposed Kosi-Mechi River Link Canal project: Dr. Dinesh Mishra

Long Awaited Project for Irrigation and Flood Control

Kosi-Mechi link canal has suddenly come into the limelight because after years of waiting, its construction has been announced in this year's central budget. The central government had started seriously considering this river linking scheme long back in 2004, but the Bihar government took the initiative in 2006 and requested the Centre to consider this link. It is said that the construction of this link canal will lead to the development of agriculture in the Kosi-Mechi region. The National Water Development Authority (NWDA) gave the detailed project report of this project to the Bihar government in 2010, which was finally given to the Bihar government after modifications keeping in mind the compliance of the rules of the Central Water Commission and after that, serious consideration began on the implementation of this scheme and now it has got approval of the centre and the path to get funds from the Centre has also opened. With the construction of this project, additional irrigation will start on 2.15 lakh hectares of area in the Kosi-Mechi Doab. After the construction of this link, Araria (69 thousand hectares), Kishanganj (39 thousand hectares), Purnia (69 thousand hectares) and Katihar (35 thousand hectares) districts will get additional irrigation and the dream of solving the flood problem has also begun. It is hoped that with the implementation of this scheme, agricultural production will increase and so will the employment opportunities in the area.

6300 crore scheme

Let us first talk about its cost. The cost of this scheme which was initially Rs. 2,900 crores had increased to Rs. 4,900 crores by the time the final report was received by the Bihar government and now its cost is being said to be around Rs. 6,300 crores. The Centre has suggested that it will bear 60 percent of the total cost of the project and the state will have to bear the rest 40 percent. Bihar hopes that the Centre should contribute 90 percent of the amount to the state and the state will bear the rest. It is also said that the Centre can suggest giving 30 percent of the amount to the state as a loan. This entire matter is still being said to be under consideration. In this scheme, the Eastern Kosi Main Canal EKMC (present length 41.30 km) will be extended by 76.2 km and merged with the Mechi river which will have the benefit of reducing the flow of the Kosi to some extent. At the end of the canal, only 27 cumec water will be released into the Mechi river, which may provide some relief from floods in the Kosi valley. This report assumes that the Kosi and Mechi will never flood simultaneously, but if by chance it happens, then the usefulness of the plan, as far as floods are concerned,  will be under question. We are sure that the scholars who made the plan must have thought about this situation.

The project report also suggests that the extent of irrigation between the Kosi-Mechi Doab  is possible only during the Kharif (rainy) season but for the seasons of Garma (hot weather) and Rabi (winter crop), it will only be possible after the construction of the Kosi High Dam in Nepal. It must be remembered that the proposal for a dam on the Kosi was made in 1937 and the negotiations for its construction are still on between the Government of India and Nepal where the site of the dam is located 56 km north from the Indo-Nepal border at Birpur in India.

Eastern Kosi Main Canal

As far as the Eastern Main Canal (EKMC) is concerned, the deposition of sand in its bed began when water was released in the canal in 1963 and by the year 2000, the situation had reached such that the canal was filled with sand up to its full supply depth and it was becoming difficult to convey any water through it. Then the matter of cleaning the sand in the canal came up. This was not a difficult job but the question arose as to where to dump this excavated sand. The engineers working there maintained that unless the sand is removed from the canal, the canal will remain useless and water cannot be supplied through it. Somehow, the work of removing sand started at the end of 2004, the estimated cost of which was Rs 54 crore. This work of canal cleaning continued till June 2005 with the help of 4,000 tractors. The project authorities must have calculated the benefit-cost ratio of this venture before going ahead with the removal of sand from the canal bed, but mountains of sand had definitely dumped on both sides of the canal. The land around the canal belonged to the government and that permitted the authorities to dump the sand right next to the canal, but if this work has to be done again, then the sand from the canal will be dumped on the land of the farmers, this is certain.

The investigation of this sand scandal is recorded in the 50th and 53rd Estimates Committee reports of Bihar Legislative Assembly, in which named reports of misuse of government funds and corruption were mentioned. The 53rd report says that, '... In this way, only a few cases of wastage and embezzlement of government funds in the Birpur division of the main Eastern Kosi Canal have been mentioned, although thousands of more examples will be found in this division on special investigation.' We hope that those who prepared the detailed project will definitely know about this incident and this time those who look for opportunities in disaster will definitely be kept under watch.

Slope of the land and crossing of  small rivers through the link  canal

Between Birpur and Makhanpur (Kishanganj), where this canal will merge with Mechi and end in its’ 117 km journey to the Mechi,  many rivers will cross this proposed canal and the main ones being the Parman, Tehri, Lohandra, Bhalua, Bakra, Ghaghi, Pahara, Nona, Ratua, Kawal, Western Kankai and Eastern Kankai etc. There is no count of small drains. All these rivers and drains that flow from north to south, whereas Kosi-Mechi link along with its proposed extension will flow from west to east. The EKMC almost completely flows in this direction, whereas there is some scope left in the proposed new canal because it turns a little towards south in its last reach. Obviously, there will be problems in rainwater drainage in the proposed 117 km. The main canal will become an obstacle in the path of rainwater coming from the north and waterlogging will increase on the northern bank of the canal and this will have an undesirable effect on the agriculture of that area. Some siphons have been constructed in the EKMC  for draining water on to the other side but their performance have been dismal. This is going to aggravate in future if not taken care from the beginning.

Due to this water getting stuck and breaching of the EKMC, many villages of Basantpur and Chhatapur of Supaul district and Narpatganj block of Araria district keep getting submerged in the rainy season. This water hits EKMC from Bishunpur in the west to Balua (village of Late Dr. Jagannath Mishra-former Chief Minister of Bihar and Central Minister), Chainpur and Thutthi along with Madhura to Bathnaha in the east and remains in submerges state for a long time adding to immense problems  of the local people.

A few years ago, the villagers of Dhanuktoli near Thutthi had cut the canal. These people knew that on Mondays the canal remains closed to flush the Kataiya power house and there is no danger of its water. Therefore, Monday was the most suitable day to cut the canal.

What happens is that in the villages of Lakshmipur, Mirzapur, Maudhra, Raghutola, Milki Dumriya, Navtoliya, Manghi and Santhali Tola of Phulkaha police station (Narpatganj block of Araria district), the water gets stuck along the canal as the siphon built on Kajra Dhar fails to drain the water to the other side of the canal. The bottom of this siphon is high, so it is not able to drain out all the water that gets stuck along the northern bank of the canal. The canal breaches automatically in Mirzapur, but even after this the problem of the farmers on the northern bank of the canal could not be solved. The people from that side came to cut the canal to drain out the water. To the south of the canal are the villages of Gadhiya, Khaira, Chanda and Dhankahi of Narpatganj. If the canal was cut to drain the water out, the people of these villages would be in trouble. The canal became a kind of border and the warriors on both sides came face to face with their respective weapons. The people from the north wanted to cut the canal and those from the south wanted to prevent it. Those from the northern side succeeded in cutting the canal. Cases were filed, panchayat was held. Officials came and then a compromise was reached and both the parties assured that they will not cut the canal in future. We believe that such incidents will not be repeated now and the officers are aware of their obligations.

Crack in Kosi embankment at Kusaha and main Kosi Eastern Canal-2008

It would be interesting to know what happened to this canal when the eastern embankment of Kosi breached at Kushaha (Nepal) in 2008 on 18 August 2008. At this place, Kosi had come very close to the eastern embankment and it had started hitting at the spur there from 5 August itself. Due to departmental inefficiency and carelessness, that spur was allowed to get eroded because a gap of 13 days was not small to prevent the total erosion of the spur and subsequent breaching of the eastern Kosi embankment at Kusaha.  After the breach of the embankment at Kusaha, the river water that came out of the gap moved towards Birpur Power House and it broke the EKMC at 13th kilometer. A new 150 meter wide stream of Kosi was formed and wherever that water passed, it devastated the place. There was devastation all around and at least 25 lakh people were affected by the water of this new stream along with various streams of the Kosi south of the EKMC. People up to Katihar suffered the brunt of this flood. It is  believed that the technical group preparing the Kosi-Mechi Link Project was informed about these incidents and they have taken cognizance of such incidents and taken all precautions.

The project report of the Kosi-Mechi Link Canal accepts that some areas in the Ganga and Mahananda region are suffering from water logging but the reason for this is encroachment of the area by farmers and hence there is inconvenience in the drainage of water. It is claimed that arrangements have been made to take the water to the other side by crossing the link canal. Had this been done at the time of construction of the EKMC, then today we would not have to say all these things. Still, we believe that these precautions will definitely be taken this time. The report also suggests that rehabilitation of the  displaced people should be done on priority basis. 

We are saddened by the fact that the work of the Kosi Project was started on January 14, 1955 and many of the families trapped between two embankments of the Kosi are still struggling for their rehabilitation. We are confident that this time the department will definitely remember its words before embarking on the construction of the link.

The writer is the author of कोसी नदी की कहानी: दुइ पाटन के बीच में and बंदिनी महानंदा

Strange case of Abhay Kumar Sharma, four year delay by the State to comply with High Court's order

Abhay Kumar Sharma Vs. State of Bihar is listed for hearing on August 8, 2024 before the bench of Justice Anil Kumar Sinha of Patna High Court. The case was filed in the Court on December 3, 2015. It was registered on December 10, 2015. The first order of the Court passed by Justice Anil Kumar Upadhyay dated March 3, 2020 reads: "Respondents are directed to file counter affidavit positively by 30th March, 2020. Put up on 31st March, 2020 for admission." Besides the State of Bihar, there are five respondents. They are: Director, Primary Education, Bihar, District Superintendent of Education, Patna, Area Education officer, Bikram, Patna, Area Education officer, Sadar, Patna and Area Education officer, Danapur.

The Court framed the issue for the respondents. Its direction reads: "While filing the counter affidavit the respondents have to address the following issues, particularly with reference to Rule 97 and 99 of Bihar Civil Service Rules: (i) Whether any departmental proceeding was initiated against the petitioner; (ii) Whether any order of dismissal of the petitioner was passed by the respondents; (iii) How the respondent wishes to compensate the petitioner when he has been fully exonerated in the criminal charges as evident from the judgement of the Trial Court."

The direction makes it crystal clear that Abhay Kumar Sharma "has been fully exonerated in the criminal charges as evident from the judgement of the Trial Court". It asked the respondents to file an affidavit as to whether any departmental proceeding was initiated against Abhay Kumar Sharma, the petitioner, whether any order of dismissal of the petitioner was passed by the respondents and how the respondent wishes to compensate the petitioner. 

After four years of the first order of the High Court, in his order dated March 11, 2024, Justice Sinha wrote: "Despite the order, dated 03.03.2020, neither any counter affidavit has been filed nor learned Counsel for the State is present. By way of last chance, four weeks’ further time is granted to the State for filing counter affidavit, pursuant to the order, dated 03.03.2020. List this case, under the same heading, on 15th April, 2024. Let a copy of this order be furnished in the Office of the learned Advocate General, Bihar."

After more than four years, the respondent filed the counter affidavit on March 28, 2024. On 15-04-2024, Justice Sinha passed an order. It reads:"Two weeks’ time is granted to the learned counsel for the petitioner for filing rejoinder affidavit. As prayed, put up on 30.04.2024." The order of April 30, 2024 reads: "Mr. Ram Jivan Prasad Singh, learned Counsel for the petitioner prays for four weeks’ time to get ready in the matter inasmuch as the previous counsel has fallen ill and the file has been transferred to him recently. As prayed, list this case, under the same heading, on 24th June, 2024." 

It is a strange case because the very first order of the Court dated March 3, 2020 makes it eminently clear that the petitioner is entitled to relief but the State chose to ignore the specific order of the Court. It filed the counter affidavit after more than four years. The filing of rejoinder affidavit paves the way for the delayed relief to the petitioner after almost nine years of the registration of the case.