Row on DERC chief reaches High Court

Cancelling appointment will lead to ‘serious problems’ for power sector: CM.

In order to seek a legal remedy for Lieutenant Governor Najeeb Jung’s decision of scrapping the appointment of Delhi Electricity Regulatory Commission chairperson Krishna Saini, the AAP government knocked the doors of Delhi high court on Friday. Without giving any relief to the Delhi government, the court has listed the matter for hearing in November.

The application seeking directions to the L-G 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, the Delhi government said the L-G should be directed to “reconsider his decision on the request of Council of Ministers of GNCTD”.

Earlier in the day, chief minister Arvind Kejriwal exhorted Mr Jung to reconsider his decision of scrapping the appointment of Mr Saini as chairperson of Delhi’s power regulator in public interest, saying all laid down procedures were followed by the AAP government during the selection process.

In his 27-page note to Mr Jung, the Delhi CM said that cancelling the appointment of Mr Saini will only lead to “serious problems” for the power sector, and huge adverse impact on the consumer which could not be the “intention” of the L-G.

The Delhi CM also offered to meet Mr Jung personally to request him to revoke scrapping of appointment of Mr Saini as the chairman of the power regulator body.

In the note, Mr Kejriwal cited Transaction of Business Rules (TBR) and said all laid down rules were followed by the Delhi government while appointing Mr Saini.

“The entire selection process was conducted in a fair and transparent manner and in full conformity with law while bearing public interest in mind. There is not an iota of mala fide, bias or other irregularity in the process,” Mr Kejriwal said in the note.

Mr Jung had on September 21 set aside Mr Saini’s appointment in March to the top post of DERC, as it was done without taking his approval as mandated under the rules and procedure.

The Delhi government has said 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 judgment interpreting the inter-relationship between the L-G and the Council of Ministers, had said that 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”

Meanwhile, sources in the L-G’s office said they received the communication and that the secretariat will follow due procedure.