Delhi CM sends LG file for appointment of DERC chairman after SC direction

PTI, May 30, 2023, 6:10 PM IST

Delhi Chief Minister Arvind Kejriwal has again sent the name of Justice (retd) Rajiv Kumar Srivastava to the LG for his appointment as the new chairperson of the power regulator Delhi Electricity Regulatory Commission, or DERC, a government statement said on Tuesday.

The move comes in the wake of the Supreme Court May 19 order that directed Lt Governor of Delhi to act on the aid and advice of the council of ministers and to appoint DERC chairperson within two weeks.

”Chief Minister Arvind Kejriwal has once again sent the file for the appointment of the DERC chairperson to the LG of Delhi. This action follows the stern reprimand issued by the Supreme Court of India on May 19, which directed the LG to fulfil the appointment within a two-week time frame,” the government said.

The appointment of the DERC chairperson is crucial to effectively regulate the electricity sector in Delhi.

In January this year, the Delhi Chief Minister had approved appointment of Justice (retd) Srivastava as the DERC chairperson.

The proposal of his appointment was presented by then-Deputy Chief Minister Manish Sisodia, who was in charge for the Power department.

Earlier, appointment of two previous chairpersons of DERC was carried out through the same process outlined in the Electricity Act, the statement said.

The Delhi government had earlier filed a petition in the top court over the delay of the DERC chief’s appointment.

In the appointment of Justice (retd) Srivastava, Delhi government has referred to Section 84(2) of the Electricity Act, that requires consultation with the Chief Justice of the High Court of the appointee’s original jurisdiction, the statement said.

The Madhya Pradesh High Court has already given its consent for appointment of Justice (retd) Srivastava as DERC chairperson. Previously, during appointment of DERC chairperson Justice Shabibul Hasanain, a retired judge of Allahabad High Court, the same process was followed, it said.

DERC is a three-member panel that decides power tariff in Delhi annually. The Commission is lying headless since the retirement of Justice (retd) Hasnain from the post which happened months ago.