The Delhi High Court on Friday sought response of the Centre and Delhi Government after a petition was filed seeking scrapping of the appointment of the Delhi Electricity Regulatory Commission (DERC) chairperson, which was allegedly violating the rules.
The Bench of Chief Justice G Rohini and Justice VP Vaish also issued notice to the DERC and sought their replies to a plea that the AAP Government has made the appointment without seeking the lieutenant-Governor’s approval.
It asked all the authorities concerned to file an affidavit before April 21.
The court’s notice was issued on a plea by A Mishra, who sought quashing of the appointment of Krishna Saini, alleging that it was in violation of the February 20, 2004 notification issued of the Ministry of Home Affairs (MHA) under Article 239 (1) of the Constitution read with section 2 (5) (b) and Section 85 of the Electricity Act, 2003.
A 1981 batch Indian Revenue Service officer, Saini assumed office on March 4.
Senior advocate Chetan Sharma, appearing for petitioner submitted that in the past, all DERC chairpersons have been appointed with the consent of the l-G, but the Delhi Government made this appointment without seeking the l-G’s approval.
“The MHA notification of February 2004 has delegated and enabled the l-G to discharge powers and functions of the State Government under the Electricity Act 2003. The delegation of power contained in the notification will continue to operate unless superseded or the Parliament by law provides otherwise.