MUHAMMED HAJI Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN these batch of Writ Petitions, the issue that is raised is the validity of the appointment of the appellate authority, made under S. 127 of the Electricity Act, 2003 read with Appeal to the Appellate Authority Rules, 2004. S. 127 of the Electricity Act, provides for Appeal to the Appellate Authority.

(2.) READING of S. 127 of the Act in the light of R. 3 of the Appellate Authority Rules show that any person aggrieved by a final order made under S. 126 providing for assessment, may within 30 days of the order, prefer an appeal in the prescribed manner and accompanied by such fee as may be specified by the State Commission. Under S. 127(2) of the Act, no appeal filed under S. 127(1) of the Act shall be entertained unless an amount equal to half of the assessed amount is deposited with the licencee and documentary evidence is enclosed along with the appeal.

(3.) THE language of the Rule 3 makes it clear that what is mandated is that the person or persons appointed as Appellate Authority as contemplated therein shall not be directly related to the territorial jurisdiction of the licencee or supplier of energy. This has been so done in order to ensure independence and impartiality of the Appellate Authority which are to hear the appeals filed against the orders of assessment passed by the officers of the Board in exercise of their powers under S. 126 of the Act.