The Union government on Monday tendered an unconditional apology to Kurdukar Commission that is probing the Dabhol power project fiasco for filing an irregular affidavit opposing the panel's jurisdiction.
The apology was tendered by senior government counsel R V Desai on behalf of secretary to the ministry of power R V Shahi.
The commission had on Monday summoned R V Shahi and desk officer Jaideep Lahatakia to appear in person and explain individually why they had not obtained approval from the Cabinet on the government's stand over its jurisdiction to conduct the inquiry.
Shahi and Lahatakia did not appear, but joint secretary to ministry of power Anil Kumar Kutty appeared before the commission and filed a proper affidavit reiterating the Union government's stand opposing its jurisdiction.
The commission exempted Shahi and Lahatakia from personal appearance, but did not take on record government's affidavit as the joint secretary was unable to produce the minutes of the Cabinet meeting which authorised the Centre's stand.
The one-man inquiry commission, headed by justice S P Kurdukar, on January 9, expressed dissatisfaction over the Union government's written submission signed by a desk officer who was junior in rank.
Justice Kurdukar observed that it should have been signed by the secretary to the power ministry after obtaining due authorisation from the Cabinet.
The Centre has opposed the jurisdiction of Enron probe commission to inquire into the executive decisions taken by the Centre under various central statutes.
Justice Kurdukar, perusing the file of Centre in regard to its stand on the jurisdiction issue, observed that prima facie it appeared to him that even the second affidavit filed by the government was without due authorisation of the Union Cabinet.
He said that this was a delicate issue concerning division of executive powers between the Centre and the state, besides involving several ministries of the Union government on the Enron-promoted Dabhol project clearance.
Hence, the Union Cabinet or its sub-committee should jointly decide on the government's stand over the jurisdiction of commission to hear the probe.
Justice Kurdukar observed that the Union Cabinet or its sub-committee should endorse such an authorisation after a full meeting.
The authorisation should be minuted and the draft shown to the commission, he said.
Justice Kurdukar also said he was reserving until February 7 his decision to take consequential action on the secretary or the joint secretary to the ministry of power over filing an affidavit on the government's stand without seeking the Cabinet's approval.
In a related development, Justice Kurdukar also directed the Maharashtra government to declare its stand by February 4 on a letter written by the Centre asking the state to amend the terms of reference of the Kurdukar Commission to the extent of excluding the decisions taken by central agencies on the Dabhol power project approval.
The Enron Saga