The oath-taking ceremony for justice (Retd) Umesh Kumar as the Chairperson of the Delhi Electricity Regulatory Commission (DERC) has been delayed again. Despite expressing his availability for the ceremony, Justice (Retd) Umesh Kumar has been kept in limbo since June 26, 2023. To overcome the current situation Delhi Lieutenant Governor (LG) VK Saxena has again written to Chief Minister Arvind Kejriwal, urging him to ensure the prompt administration of the oath of office and secrecy to Justice (Retd) Umesh Kumar.

 In his letter, Saxena advised the Chief Minister that Minister of Power should administer the oath virtually through a video-conference or video call, and  if the Minister is unable to do so, the  Chief Minister Arvind Kejriwal or any other designated Minister may administer the oath. In the event that both situations are not feasible, the Chief Secretary has been suggested as an alternative to administer the oath of office and secrecy to Justice Kumar.

The oath, which was originally scheduled for Monday  at 6:00 PM, has now been rescheduled for July 6 in the Delhi Power Minister's chamber. Earlier during the day, the office of the Minister of Power conveyed to Justice Umesh Kumar that she had suddenly taken ill  and proposed a  new date for the ceremony.

The Delhi government, in a statement said, “Power Minister Atishi had come to office today and her schedule included the event to administer oath to the DERC chairperson-designate.

However, she suddenly faced a health issue due to which all her meetings and official engagements (including the administering of oath to DERC chairman-designate) had to be postponed.” 

 The oath taking ceremony of the new DERC chairperson has been rescheduled for the coming Thursday, the statement added. According to the Raj Niwas officials, Atishi wrote to the chairman-designate and asked for his availability to take the oath in her presence.

“He accordingly confirmed the same,” they said.  Later, the event was postponed after Atishi took ill, the officials said.

As the oath-taking ceremony of Delhi-electricity Regulatory Commission (DERC) chairperson-designate Justice (Retd) Umesh Kumar was postponed at the eleventh hour , the situation has raised eyebrows, considering that the notification by the President of India appointing Justice (Retd) Umesh Kumar was issued on June 21, 2023 itself.

In the letter Saxena has urged  Kejriwal to ensure the prompt administration of the oath of office and secrecy to Justice (Retd) Umesh Kumar. Expressing concern over the delay, LG Saxena highlighted the series of events that have led to the current impasse. Saxena has pointed out that in his letter dated June 27, he  requested the Chief Minister  to facilitate the oath ceremony for Justice (Retd) Umesh Kumar without any further delay. Subsequently, the Minister of Power proposed holding the ceremony on July 3  at 6:00 PM in her office and sought Justice (Retd) Umesh Kumar's consent for the proposed date and time.

Agreeing with the suggested time and date, Justice (Retd) Kumar expressed his consent in writing and arrived in Delhi on Monday  in the forenoon. However, he received a  communication from the office of the Minister of Power, stating her sudden illness and proposing a rescheduled oath ceremony on July 6, 2023, at 6:00 PM in her chamber.

LG Saxena expressed surprise over the delay and noted that Justice (Retd) Umesh Kumar has been kept in limbo since June 26, 2023, despite his availability and expressed willingness to fulfill his responsibilities as the Chairperson of DERC. The LG emphasised that it is indeed perplexing that a notification issued by the President of India on June 21, 2023, has not been given effect to due to the unavailability of the Minister, particularly in today's digital age. Atishi was scheduled to administer the oath of office and secrecy to Justice (Retd) Kumar at 6 pm on Monday with Delhi government sources stating that the minister had also communicated her go-ahead regarding this to “all concerned.”

The AAP government had recommended the name of former Madhya Pradesh High Court judge Justice (retd) R K Srivastava for the position. However, Justice Srivastava expressed his inability to take over charge due to “family commitments and requirements”.  Later, the government sent the name of Justice (retd) Sangeet Raj Lodha of the Rajasthan High Court on June 21.