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SC notice to Delhi LG over AAP’s plea on DERC chief
Senior advocate Abhishek Manu Singhvi, appearing for the AAP government, submitted before the bench that Delhi lieutenant governor VK Saxena has been delaying the matter
The Supreme Court on Friday sought a response from the office of Delhi lieutenant governor VK Saxena on a petition filed by the Delhi government accusing him of delaying the appointment of the chairman of the Delhi Electricity Regulatory Commission (DERC).
A bench comprising Chief Justice of India Dhananjaya Y Chandrachud and justice PS Narasimha issued notice to the LG office through its principal secretary and fixed the matter for hearing on April 28.
Senior advocate Abhishek Manu Singhvi, appearing for the Aam Aadmi Party (AAP) government, submitted before the bench that Saxena has been delaying the matter, saying he required legal opinion to ascertain if the concurrence of the chief justice of the Delhi high court is needed to make the appointment.
Referring to Section 84(2) of the Electricity Act, Singhvi said consultation with the chief justice of the parent high court of the person sought to be appointed is required, and the retired judge picked by the AAP government is from Madhya Pradesh.
As the bench agreed to admit the matter, Singhvi pleaded for an earlier date, saying that the government apprehended a move by the LG to appoint someone else. “After short-circuiting us by keeping silent for four months, they are deliberately seeking to appoint somebody and have sent some file to the learned Chief Justice,” contended the senior counsel.
On January 4, chief minister Arvind Kejriwal approved the appointment of justice (retd) Rajeev Kumar Shrivastava as the chairman of DERC. The proposal for his appointment was moved by the then deputy chief minister Manish Sisodia, who headed the power ministry.
While approving the proposal, the CM pointed out that the erstwhile LG, Anil Baijal, had agreed to the decisions of the government in the appointment of the previous two chairmen of DERC and did not differ from the government’s views.
On January 10, Sisodia had also written to Saxena, requesting him to urgently clear the appointment of the DERC chairman amid continued tussle with the LG’s office. The tenure of incumbent DERC chairman justice (retd) Shabihul Hasnain lapsed and yet the LG was still to clear the appointment of the recommended office-bearer, Sisodia had said in the letter.
The LG office did not respond to requests for comment on the matter.
The AAP, in a statement, said: “LG’s inept working was questioned by the CJI during the hearing. The MP high court already gave its consent for justice Shrivastava’s appointment. The same procedure was followed during the appointment of the previous DERC chairperson justice (retd) Shabibul Hasnain. But LG VK Saxena, against all past precedence and full clarity as to the previous process followed, decided to stall the appointment”.
