N. VENKATASWAMY REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) Section 176(u) of the Electricity Act, 2003 reads thus:-

(2.) It is the contention of the petitioner that the purpose of Section 176 (u) of the Electricity Act, 2003 (hereinafter called as 'the Act') is to see that Appellate Authority to function U/s. 127 of the Electricity Act; 2003 (hereinafter called as 'the Act') should be unbiased and independent person. The very purpose of Section 176(u) is defeated and diluted by the delegation of power by the Central Government to State Government under Rule 3 of the Appellate Authority Rules, 2004.

(3.) It is nextly contended that the Appellate Authority to be appointed should not be directly related to the affairs of the territorial jurisdiction of the licensee or supply of electricity. All the officials of the supply companies in Karnataka are the employees of KPTCL and they are sent on deputation to supply companies. The deputation could be recalled and officials can be again re-posted to other supply companies. In that view, all the officials of the supply companies being employees of KPTCL cannot be said that they are not related to the affairs of the territorial jurisdiction of the licensee or supply companies. In that view, it is argued that the appointment of designate Superintending Engineer of MESCOM as Appellate Authority U/s 127 is bad in law and contrary to the above Rules.