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AAP to move SC against Justice Umesh Kumar's ‘illegal’ appointment as DERC chairman
Atishi said the Delhi government will challenge the “illegal” appointment of justice (retd) Umesh Kumar as the DERC chairperson
Delhi power minister Atishi on Thursday said that the Delhi government will challenge the “illegal” appointment of justice (retd) Umesh Kumar as the Delhi Electricity Regulatory Commission (DERC) chairperson, and accused the Bharatiya Janata Party (BJP) government at the Centre of conspiring to stop the free power scheme in the Capital.
“The ulterior motive behind the late-night notification is to destabilise the power sector in Delhi, discontinue the provision of free electricity, and impose exorbitant costs on the people. This move is aimed at subjecting the people of Delhi to prolonged power cuts, similar to what is being experienced by residents of neighbouring Noida, Ghaziabad, and Gurugram,” Atishi said at a press conference.
The BJP, however, rejected the allegation as “petty behaviour” by the Delhi government.
A gazette notification issued by the General Administration Department of the Delhi government announced the appointment of justice (retd) Umesh Kumar on Thursday -- the day when Delhi chief minister sent his approval to appoint justice (retd) Sangeet Lodha, former chief justice of the Rajasthan high court, to the post.
The appointment order has added fuel to the ongoing spat between the Delhi government and the Centre over the issue. Soon after justice (retd) Shabhihul Hasnain retired from the post in January, the Delhi chief minister has approved the appointment of Rajeev Kumar Shrivastava, former judge of the Madhya Pradesh high court, for the post.
However, lieutenant governor VK Saxena advised the government to consult the chief justice of the Delhi high court over the matter, a contention that the government challenged in the Supreme Court.
In May, the top court ruled in favour of the Delhi government and ordered that the process to appoint a new chairman should be completed within two weeks. After Thursday’s decision, the matter is once again expected to go before the Supreme Court.
“In the days to come, the Delhi government will approach the Supreme Court to challenge this unlawful appointment. The government holds full confidence that the Supreme Court will strike down this order and uphold the principles of justice and democratic governance,” Atishi said.
According to senior officials aware of the matter, the chief minister approved the name of justice (retd) Lodha after Shrivastava expressed his inability to accept the post due to “family commitments”.
The post of the DERC chairperson was vacant since January. The autonomous body was constituted in 1999 to discharge a range of activities while working as the electricity regulatory in the Capital. The body’s duties include determining power tariffs, regulating the power purchase and procurement process of transmission utilities and distribution utilities, among others.
There has been no power tariff hike in Delhi since 2014.
Atishi said that electricity is a transferred subject and the central government is bound to act as per the aid and advice of elected state government.
Read: LG can’t thwart Delhi govt in DERC appointment: SC
“The Supreme Court has made it clear that except land, public order, and police, all other subjects are ‘transferred’, thereby granting decision-making power to the elected government. Disregarding this principle, the BJP-led central government unlawfully appointed justice Umesh Kumar as the DERC chairman, disregarding the elected government’s recommendation (justice Sangeet Lodha),” Atishi said.
Delhi BJP spokesperson Praveen Shankar Kapoor said it was regrettable that the Delhi government was giving a “political colour” to the issue. “The Delhi government recommended retired justice RK Shrivastav for DERC chairman’s post but he expressed his inability to accept the post, forcing the Centre to intervene,” Kapoor said.
