DAMODAR VALLEY CORPORATION Vs. OMBUDSMAN

JUDGEMENT

(1.) The Eastern Railway, being respondent no.3 herein, entered into an agreement with the petitioner DVC on February 23, 2017 for getting supply of electrical energy at 132 kV. During the lockdown period arising in the context of the Covid-19 pandemic, the Senior Divisional Electrical Engineer of Eastern Railway requested the DVC in writing on August 26, 2020, to lower the minimum contract demand fixed in the agreement from 5 mva to 1 mva. On September 2, 2020, the DVC intimated that the reduction of contract demand was technically not feasible with the existing metering Current Transformer (CT).

(2.) The Railways approached the Chief Grievance Redressal Officer (CGRO) on February 2, 2021 and the CGRO passed his final order on June 7, 2021, thereby directing the DVC to hand over the specification of non-standard CT and approved vendor list of DVC to Railways within seven days from the date of the order and to complete the installation of new CT within 30 days from the receipt of the same from the Railway. It was further directed that after successful installation of the CT, the DVC would reduce the contracted demand from 5 mva to 1 mva of Eastern Railways Topsi Off Track Point from the ensuing delivering cycle. It was further observed that the said reduction from 5 mva to 1 mva at 132 kV voltage level was to be treated as a special case for the Indian Railways and act as a temporary measure with due consideration of the situation arising due to the Covid-19 pandemic.

(3.) The respondent no.3 preferred an appeal against the said order of the CGRO to the Ombudsman on July 8, 2021, that is, the very next day.