Lieutenant Governor of Delhi Najeeb Jung
Arvind Kejriwal Wrote to Najeeb Jung not to Set Aside the Delhi Electricity Regulatory Commission Chairman on Grounds of “Illegal Infirmities”
In a statement, the LG’s office had said the government did not seek Jung’s approval before constituting a selection committee to appoint the chairperson and members of DERC, as mandated by law.
“The only infirmity observed by the Lt Governor is the lack of approval by him. Copies of both the appointment order of the selection committee and appointment order of chairman was duly sent to the LG. Neither any objection was raised by him nor were the relevant files called. The LG is aware, this is a curable defect, even if we assume that it was a defect. Thus, I would urge him to review his order in the matter,” Kejriwal wrote.
He added, “Our reading of the laws and the Transaction of Business Rules suggests that no such prior approval of the Lieutenant Governor is mandated by law or rules. Hence, the proposals were not submitted for his approval.”
Following the Delhi High Court ruling on August 4 that the capital continued to be a Union Territory under the authority of the LG, Kejriwal wrote, “The court has held that it is mandatory to obtain the views/concurrence of the LG in such matters, though it has not referred to any requirement of approval”.
The CM also stated that the HC decision was challenged by the Delhi government in the Supreme Court, and was slated for final hearing in November. The apex court, however, has granted no stay on the Delhi government’s plea.
“Since the matter is sub judice, it would only be appropriate that we await the final orders of the Supreme Court,” said the chief minister.
Kejriwal said since the appointment of Krishna Saini — a 1981-batch officer of the Indian Revenue Service — as the chairman of the power regulatory body, several decisions have been taken in public interest, including imposing a penalty on discoms for unscheduled power cuts and a proposal to allow individual metering in co-operative societies so that individual consumers can avail the benefit of the government’s subsidy scheme.
“I would,therefore, urge the LG to kindly reconsider his said directions in public interest and, if required, call me for discussion at his convenience,” he said.