After lieutenant-Governor Najeeb Jung's order to declare appointment of DERC chairperson Krishna Saini illegal, the Arvind Kejriwal Government has moved Delhi High Court seeking direction to the l-G to reconsider his decision.
The application was moved before a Bench of Chief Justice G Rohini and Justice Jayant Nath who were hearing two pleas challenging the appointment process of the Delhi Government. Citing Transaction of Business Rules (TBR), the Delhi Government said the l-G should be directed to "reconsider his decision on the request of Council of Ministers of GNCTD".
The court has listed the application for heating on November 25.
The Delhi Government contended that "the order of the l-G has only found fault with the process that was followed leading up to/culminating in the selection of the DERC Chief and has not otherwise found him unfit for the post".
The application said the High Court, in its August 4 judgement interpreting the inter-relationship between the l-G and the Council of Ministers, had said if the l-G does not agree with a decision taken by Council of Ministers, he was required to refer the matter to the President of India.
It further said the "Cabinet of the Delhi Government is proposing to request the l-G to consider the matter once again and grant ex-post facto approval, which would be in the interest of the seamless and unhindered supply of electricity to the citizens of the national capital of Delhi and hence undeniably in public interest".
Jung had on September 21 set aside Saini's appointment as it was done without his approval as mandated under the rules and procedure. The first petition against the appointment was filed by Raman Suri, challenging the Delhi Government's December 2015 notification seeking applications for the post of DERC chairperson and one member. Suri has argued that the chairperson of the commission should be a former High Court judge, since the adjudication of disputes between generating companies or transmission licensees was a "judicial function".