The AAP Government’s Power Department on Friday removed Krishna Saini, a 1981 batch former Indian Revenue Service (IRS) officer, from the post of the chairperson of the Delhi Electricity Regulatory Commission (DERC) following lieutenant-Governor Najeeb Jung’s direction to withdraw his appointment order.
Saini was appointed by Delhi Chief Minister Arvind Kejriwal as DERC chairperson without the approval
of the l-G.
In his order, Deputy Secretary (Power) Sudhir Sharma said, “Under section 82(5) of the Electricity Act 2003, read with notification no 217(E) dated February 27, 2004 of the Ministry of Home Affairs, Government of India, lieutenant-Governor of Delhi is competent to appoint the chairperson, Delhi Electricity Regulatory Commission.
“However, the appointment of Krishna Saini as chairperson DERC was notmade with the approval of the lieutenant-Governor, Delhi.”
The order stated that the l-G has declared the appointment of Saini as chairperson of DERC as void ab initio and has withdrawn the said appointment order. A copy of the order has been sent to DERC, Secretary to the l-G, Additional Secretary to Chief Minister of Delhi, Secretary to Power Minister, OSD to Chief Secretary of Delhi and Krishna Saini.
The Delhi High Court in its judgement August 4 had declared Saini’s appointment illegal. After the Delhi High Court judgement, on September 22, Jung had set aside the appointment of Saini as DERC chairman on the grounds of “illegal infirmities”.
In a statement, the l-G’s office had said the appointment - made by the AAP Government - was void, as it violated rules and procedures.
“As per Section 85, Electricity Act, 2003, the selection committee is to be constituted by the State Government. The power and functions of the State Government have been delegated to the l-G vide Government of India notification dated 20.2.2004. Further, the council of Ministers appointed Krishna Saini as chairperson, DERC, without the approval of the lt Governor,” said the lG’s office.
Taking a serious note of l-G’s order, Kejriwal had shot off a lengthy letter to Jung, asking him to reconsider his decision in public interest. The CM had opposed the statements made by Jung that the selection committee and Saini’s appointment were not in accordance with law, by insisting that the “lG’s approval was not mandated”.
The CM had also claimed that many public interest measures adopted by Saini, mostly at the AAP Government’s behest, would get invalidated if Saini was removed and this would have a huge adverse impact on the consumer which could not have been the “intention” of the l-G.
In his letter, Kejriwal had insisted that the “constitution of the said selection committee as well as the process of selection was carried out in accordance with the provisions of the Electricity Act” despite the fact that the l-G had said earlier that the “selection committee to select the chairperson and members of DERC was constituted without the approval of the l-G, which is mandated.”
The CM opposed this, saying that “our reading of the laws and the transaction of business rules suggests that no such prior approval of the l-G is mandated by law or rules. Hence, the proposals were not submitted for his approval.’’
The August 4 HC verdict that declared the l-G as Delhi’s administrative head was also referred in the letter, which the AAP Government argued had mandated to keep the l-G in the loop by not seeking his approval.
“The High Court has held that it is mandatory to obtain the views/concurrence of the l-G in such matters though it has not referred to any requirement of ‘approval’.
“As the l-G is aware, the said judgment of HC has been challenged before the Supreme Court and is likely to come up for a final hearing in early November. Since the matter is sub judice, it would only be appropriate that we may await the final orders of the Supreme Court,’’ Kejriwal had said.