ANIL SONI Vs. UNION OF INDIA

JUDGEMENT

(1.) INTERPRETATION of sub -Section 2 of Section 77 of The Electricity Act, 2003, falls for consideration in the two captioned petitions. Two additional issues, the first pertaining to Dr.R.K.Pachauri, alleged to be the Chairman of Tata Energy & Research Institute, being nominated as a Member of the Selection Committee to recommend to the Central Government a Chairperson of the Central Electricity Regulatory Commission (for short 'CERC'), the second: the effect of the Secretary -in -charge, Department of Legal Affairs and the Secretary Power being candidates for the post of Chairperson of CERC, also arises for consideration. The fact which gave birth to the two writ petitions is that on November 09, 2012, the Central Government issued a vacancy circular inviting applications to fill up the post of Chairperson of the Central Electricity Regulatory Commission which fell vacant due to the term of the existing incumbent expiring. Applications were invited from the persons in the field of Economics, Commerce, Law or Management. As per the petitioners, only a sitting or a retired Judge of the Supreme Court or a Chief Justice (sitting or retired) of a High Court can be appointed to said post.

(2.) PERTAINING to Dr.R.K.Pachauri, it needs to be stated at the outset that he is not the Chairperson of the Tata Energy & Research Institute. He is the Chairperson of 'The Energy & Resources Institute' (for short 'TERI') which is an autonomous body having no concern with the well known business house of 'TATA'; except perhaps receiving some grants from the Tata Trust.

(3.) THE introduction to the Statement of Objects and Reasons in the Indian Electricity Bill, 2001 highlights the reasons for enacting the Electricity Act, 2003, and it reads as under: -