Maharashtra govt’s decision to appoint serving bureaucrat on MERC body raises questions

IAS officer Mukesh Khullar was appointed while still serving in the civil services.

Questions are being raised in the state’s power corridors over the appointment of the IAS (All India Service) officer Mukesh Khullar as member of the Maharashtra Electricity Regulatory Authority (MERC) on Wednesday. In a surprising move, the officer has been sent on deputation to the regulatory authority, while the appointment has scuttled the appointment of a member with technical background.

State government’s energy department on Tuesday appointed Khullar (1985-batch officer) as a member of MERC. (HT PHOTO)

State government’s energy department on Tuesday appointed Khullar (1985-batch officer) and Iqbal Majhar Hussain Bohri, retired district judge from Nagpur as members of MERC. Though appointment of an IAS official as one of three members of MERC has also been done in the past, they have been appointed after their retirement. Khullar has been sent on deputation until he attains superannuation on February 28 next year.

“The regulatory authority, which is a quasi-judicial authority, hears cases by private energy players to which government companies are parties. Therefore, if a member belonging to IAS hears such cases it may lead to a conflict of interest. Hence, it sets a bad precedent. Such an appointment to any autonomous body on deputation is neither done in the Central nor in state government. Recently, when Vijay Satbir Singh was appointed on Maharashtra Real Estate Regulatory Authority, he opted to voluntary retire from the civil services,” said an ex-member on MERC.

Both the appointments were done by an appointing panel headed by a retired judge on May 25. The panel had to change its plan of appointing a technical member after Supreme Court , in its order in April this year, made it mandatory to appoint one of the members with judicial background. “The department had planned to appoint a technical member along with Khullar to two vacant places, but after SC’s order, the idea of appointing technical member was dropped to accommodate a retired judge. Though, its not mandatory to appoint one of three members with technical background, such appointment has been the convention for the smooth working of the commission,” said an official from the commission, who did not want to be named. The MERC is headed by retired IAS officer Anand Kulkarni.

“Though there has been a member with technical background for last ten years, the appointment of both the members is as per the rules,” said Arvind Singh, principle secretary, energy department, who issued the appointment orders on June 5.

Khullar said appointment on deputation was as per the provisions of the Indian Administrative Services (Cadre) Rules, the Electricity Act and MERC regulations. “Section 6(2)(ii) of the IAS Rules allows the appointment of any autonomous body, not controlled by the government, on deputation. Though I have not opted for the voluntary retirement, I am no longer in the service of the state government. There is no question of conflict of interest as I am governed by MERC regulations,” he said.

He added, “There is no compulsion of appointment of a technical member in the Electricity Act. Absence of member with technical background would not hamper the work as there are officers with technical background.”