"Supreme Court Rebukes Delhi LG for Delaying Appointment of DERC Chairperson; Orders Decision within 2 Weeks"
In a recent case (Government of NCT of Delhi vs Office of Lieutenant Governor of Delhi and anr), the Supreme Court expressed strong disapproval of Delhi Lieutenant Governor (LG) VK Saxena's delay in appointing a chairperson for the Delhi Electricity Regulatory Commission (DERC). The bench, headed by Chief Justice of India (CJI) DY Chandrachud and comprising Justices PS Narasimha and KV Viswanathan, firmly stated on May 19 that the law clearly mandates the LG to act based on the advice and recommendations of the Delhi Chief Minister and the Council of Ministers in such matters.
"The Lieutenant Governor cannot obstruct the government in this manner," remarked the CJI.
Consequently, the apex court issued a directive to ensure that the appointment of the DERC chairperson is processed within a span of two weeks.
The case was initiated by the Delhi government, which raised objections to the LG's delay in processing the proposed name of retired Madras High Court judge Rajeev Shrivastava for the position. The LG had deferred the decision, seeking legal opinion on whether consultation with the Chief Justice of the Delhi or Madras High Court was necessary before finalizing the chairperson.
On April 21, the Supreme Court had sought a response from the Delhi LG regarding the matter.
Senior Advocate Mukul Rohatgi, representing the LG, argued that the LG possessed independent authority to act in this matter.
After a brief hearing, the Court issued the following order:
"Section 84(2) of the Electricity Act currently governs the appointment of chairpersons and members of state commissions. The substantive provision of subsection 2 states that the state may appoint any person who has served as a judge of the high court. However, the appointment must be made after consultation with the chief justice of the respective high court. For a judge who has retired, consultation must be with the chief justice of the high court where the judge last served. Therefore, considering the clear legal position, the appointment of the DERC chairperson is to be processed within a period of two weeks."
TAGS: Supreme Court Delhi LG appointment DERC chairperson delay objection law aid and advise Chief Minister Council of Ministers stultify bench Chief Justice of India Justices observation processing two weeks plea Madras High Court judge deferred decision legal opinion top court response Senior Advocate authority consultation substantive part clear position of law.
