Amid Delhi vs Centre tussle over appointment of Delhi Electricity Regulatory Commission (DERC) chairman, the Supreme Court on Thursday said that it’s “sad” that “nobody care about the institution and individually fight”. On the other hand, the court sent the Delhi ordinance issue to a Constitution bench.
On Monday, the apex court had asked the two constitutional functionaries to rise above “political bickering” and discuss who could head the DERC.
AAP-led Delhi government had questioned the order of the Centre appointing former Allahabad High Court judge as DERC chairperson. It also challenged the controversial ordinance that overturned a judgement of the top court granting greater control to the Delhi government over its bureaucrats.
Centre’s ordinance move gave it power to take over appointments to commissions and bodies under Delhi government under Section 45D of the newly promulgated Government of National Capital Territory of Delhi (Ordinance), 2023].
The post of the DERC chairman assumes significance since the regulator decides the power tariff in the national capital. The position has been lying vacant since January amid the differences between the AAP dispensation and the LG’s office over the new appointee.
Kejriwal in January recommended the name of retired High Court judge Rajeev Kumar Srivastava for the post. Srivastava last month excused himself from taking charge, citing personal reasons.
The chief minister on June 21 recommended the name of retired justice Sangeet Lodha as the new DERC chairperson. Meanwhile, the Centre through a notification appointed Justice Umesh Kumar (retd) to the post, officials said.
The AAP dispensation opposed the appointment as “illegal and unconstitutional”, saying “electricity” is a transferred subject falling under the jurisdiction of the elected government of a state or a Union territory. AAP later moved the Supreme Court, challenging the appointment of Kumar.
The Ordinance Row
The BJP-led central government had in May brought an ordinance on the transfer and posting of bureaucrats in Delhi, virtually negating an earlier Supreme Court verdict that had given the elected government in Delhi the control over services matters.
The ordinance seeks to set up a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.
Transfer and postings of all officers of the Delhi government were under the executive control of the lieutenant governor before the May 11 verdict of the apex court.
(with inputs from PTI)
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