‘LG has to act on aid and advice of the council of ministers’: SC on DERC Chairperson appointment

New Delhi: The Supreme Court on Friday directed that the Chairperson of the Delhi Electricity Regulatory Commission (DERC) should be appointed within two weeks.

A bench, headed by Chief Justice of India D.Y. Chandrachud and comprising Justices P.S. Narasimha and K.V. Viswanathan stressed that the Lt Governor (LG) has to act on the aid and advice of the council of ministers.

Senior advocate A.M. Singhvi, representing the Delhi government, had submitted that it had sent a proposal to the LG for the appointment of a retired Madhya Pradesh high court judge as DERC Chairperson before the post fell vacant, however no decision has been forthcoming.

The top court, referring to Section 84 of the Electricity Act, said while appointing a sitting or a retired judge to the post of a state electricity regulatory commission, the Chief Justice of that high court has to be consulted.

The bench said the Act provides for appointment of Chairperson and members of state commission and it indicates that state government may appoint any person from among persons who is or has been judge of the high court and added that the appointment has to be after consulting Chief Justice of that high court.

The bench said: “In view of clear provisions, the appointment of Chairperson shall be made in two weeks.”

The LG’s office has insisted that the view of the Delhi High Court Chief Justice was required for appointing justice (retd) Rajeev Shrivastava, who had served in the Madhya Pradesh High Court, as DERC Chairperson.

–IANS