Supreme Court
– Photo: Amar Ujala
Expansion
The Supreme Court on Friday issued notice on a writ petition filed by the Delhi government against the inaction of the Lieutenant Governor (LG) in approving the proposal to appoint retired Madhya Pradesh High Court judge Justice Rajiv Kumar Srivastava as chairman of the DERC.
The next date of hearing has been fixed for April 28. The Delhi Electricity Regulatory Commission (DERC) has been functioning without a chairman for the last four months. Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, told a bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha that four months have passed since the proposal was sent to the LG. He said the LG was delaying the decision by saying that he needed legal opinion to ascertain whether the concurrence of the Chief Justice of the Delhi High Court was needed to make the appointment.
Singhvi said that according to Section-84 (2) of the Electricity Act, consultation with the Chief Justice of the parent High Court of the person to be appointed is necessary. The bench also observed that the expression ‘Chief Justice of that High Court’ in that provision means the Chief Justice of the High Court where the person was a judge. When the CJI asked about the process followed in appointing the previous chairman (Justice Shabihul Hasnain, a former judge of the Allahabad High Court), Singhvi replied that the Chief Justice of the Allahabad High Court was consulted.
Singhvi said, DERC is in Delhi. Do we have to ask the Chief Justice of Delhi High Court for every person appointed from Kerala or Allahabad? CJI said, how will the Chief Justice of Delhi High Court know those names? After which the bench decided to issue notice in this matter.
Sisodia wrote a letter to LG on January 10
Delhi’s then Deputy Chief Minister Manish Sisodia had written to Saxena on January 10, seeking his immediate approval for the appointment of the DERC chairman amid the ongoing tussle with the Lt Governor’s office. Chief Minister Arvind Kejriwal had earlier approved the appointment of Justice (retd) Rajeev Srivastava as the next chairman of DERC.