Plea against appointment of DERC chairman motivated: HC told

AAP government today termed as "motivated" the PIL in Delhi High Court seeking scrapping of the appointment of the Delhi Electricity Regulatory Commission (DERC) chairperson.
A bench of Chief Justice G Rohini and Justice Jayant Nath was told that the petition, which alleged that the appointment was in violation of rules, was "aimed at deriding the efforts" of Delhi Government which "ensure a democratic and efficient governance of electricity" in the national capital.
"The writ petition is a motivated petition which has been instituted masquerading as a PIL, in fact it relates to a service matter and this court as well as the Supreme Court of India in several cases has held that the petition in matters of service laws impugning the appointment etc. Of persons in government service are not liable to be entertained under the garb of the PIL," Delhi government said in their affidavit filed through advocate Sanjoy Ghose said.

It further said "there is no merit in admitting and entertaining the PIL and therefore it is prayed that the same may be dismissed with exemplary cost".
"The petition only exposes that the present petitioner is engaged in a motivated litigation aimed at deriding the efforts of Government of National Capital Territory of Delhi (GNCTD) who ensure a democratic and efficient governance of electricity in GNCTD," the affidavit said.
The response came in the backdrop of the court's notice issued on a PIL that AAP government has made the appointment without seeking the Lieutenant Governor's approval.

The court was hearing 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.

The petition has contended 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 The delegation of power contained in the notification will continue to operate unless superseded or the Parliament by law provides otherwise.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 has said.

However, Delhi government in its affidavit said that the new chairman of DERC was appointed on the recommendation of the selection committee constituted under Section 85 of the Electricity Act, 2003.
It claimed that "the appointment follows permission granted by the High Court of Delhi in its order dated February 24, 2016. The appointment would be subject to the result of the writ petition... Pending before the High Court."
The petitioner, an advocate, has also sought quashing of January 6 order of the AAP government constituting Selection Committee under Section 85 of the Electricity Act 2003, as the same was in violation of the MHA notification.

It sought direction to quash November 11 last year notice by which application for the post were invited.
The plea has said the LG should be directed to constitute appropriate Selection Committee afresh exercising his power.
The high court's February 24 direction came during the hearing of a different PIL by Delhi resident Raman Suri challenging Delhi government's December 2015 notification seeking applications for the post of DERC chairperson and one member.
The Delhi government had told the court the notification had been issued under the existing provisions which allow the appointment of a sitting or former judge as the chairperson, if so decided by the government.