DERC chief’s file back in Delhi LG court, 5 days to SC deadline for approval
Delhi chief minister Arvind Kejriwal had earlier sent the file in January, but the file was returned by LG VK Saxena
Chief minister Arvind Kejriwal has, for the second time, sent the file to appoint retired Madhya Pradesh high court judge, justice Rajeev Kumar Srivastava as the chairperson of the Delhi Electricity Regulatory Commission (DERC), the Capital’s electricity regulatory panel, to lieutenant governor VK Saxena, officials aware of the matter said on Tuesday.
Kejriwal sent the file to the LG’s office for a final stamp on Tuesday, the officials said. The CM had earlier sent the file in January, but the file was returned by LG, who advised the Delhi government to also consult the Delhi high court chief justice for the appointment.
HT reached out to the LG office, but officials there did not respond to requests for a comment on the development.
The appointment of the DERC chairperson is crucial to effectively regulate the electricity sector in the Capital. The post has been vacant since January 10, when justice Shabihul Husnain stepped down after reaching superannuation. The three-member panel currently has only one member.
In January, Kejriwal approved the appointment of Srivastava as the DERC chairperson on a file put up by the then deputy CM Manish Sisodia, who held the power portfolio. Subsequently, the chief justice of the Madhya Pradesh high court gave his consent for the appointment.
However, the LG returned the file, insisting that the government also consult the Delhi high court chief justice for the appointment.
Thereafter, the Delhi government approached the Supreme Court on April 12, blaming the LG for a delay in the appointment. A Delhi government official said, “The Delhi government referred to Section 84(2) of the Electricity Act, which requires consultation with the chief justice of the high court of the appointee’s original jurisdiction. In this case, the Madhya Pradesh high court has already given its consent for the appointment of justice Rajiv Kumar Srivastava. Previously, during the appointment of DERC chairperson justice Shabibul Hasanain, who was a judge of the Allahabad high court, the same process was followed by seeking consent from the chief justice of the Allahabad high court.”
Earlier in May, the Supreme Court asked the government to appoint the DERC chairperson within two weeks, and said the LG is not supposed to act on his own discretion while appointing someone to that post. “According to the two decisions of the Supreme Court on May 11 and 19, the LG is bound to act on the aid and advice of the state government except on matters of land, law and order and police,” the above quoted official said.
The DERC was constituted in 1999 to discharge a range of activities while working as the electricity regulatory in the Capital. The body’s duties include determining power tariffs, regulating the power purchase and procurement process of transmission utilities and distribution utilities, and promoting competition, efficiency and economy in the activities of the electricity industry, among others.
Between 2011-12 and 2021-22, the number of electricity consumers in Delhi increased from 4.3 million to 6.6 million, with the government attributing the growth largely to large-scale regularisation of unauthorised colonies.
There has not been any hike in the power tariff in Delhi since 2014.
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