HC seeks Centre, AAP govt reply on new DERC chief appointment

The Delhi High Court today sought response of the central and Delhi governments on a plea seeking scrapping of the appointment of the Delhi Electricity Regulatory Commission (DERC) chairperson, alleging it to be in violation of rules.
A bench of Chief Justice G Rohini and Justice V P Vaish also issued notice to the DERC seeking their replies to a plea that 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 LG, but the Delhi government made this appointment without seeking the LG's approval.
"The MHA notification of February 2004 has delegated and enabled the LG 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 The delegation of power contained in the notification will continue to operate unless superseded or the Parliament by law provides otherwise.
"... The Government of National Capital Territory of Delhi (GNCTD) Act 1991 does not in any way affect the validity of delegation contained in presidential notification issued under Article 239," the petition said.