SHRI S.K. AGARWAL, CHAIRMAN AND MANAGING DIRECTOR, RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED Vs. SHRI R.P. BARWAR, CHIEF ENGINEER (LD), STATE LOAD DESPATCH CENTRE

JUDGEMENT

(1.) THE Review Petitioners, Shri S.K. Agarwal, Chairman and Managing Director, Rajasthan Rajya Vidyut Prasaran Nigam Limited and Shri R.P. Banwar, Chief Engineer (LD), State Load Dispatch Center, Rajasthan, have filed this petition seeking review of the Commission's order dated 14.3.2013 in Petition No. 179/SM/2012, wherein a penalty of Rs. 90,000 each was imposed on the Review Petitioners. The specific prayers made by the petitioners are extracted hereunder:

(2.) THE Review Petitioners have submitted that some of the documents produced in reply to the show cause notices and during the hearing have not been considered by the Commission while passing the order dated 14.3.2013 which has resulted in an error on the face of the record and therefore, review of the said order is necessary in the interest of justice. The Review Petitioners have pointed out the following which constituted error on the face of the record:

(3.) WE have perused the review petition, the documents on record and the submissions of the learned counsel for the Review Petitioners. The Commission's power of review is governed in accordance with section 94(1)(f) of the Electricity Act, 2003 read with Order 47 Rule 1 of the Code of Civil procedure, 1908 (CPC). Section 94(1)(f) of the Electricity Act, 2003 provides that the Commission shall have the same power as vested in a civil court under the CPC for reviewing its decisions, directions and orders. Order 47 Rule 1 of CPC provides that any person considering himself aggrieved by an order may apply for its review to the court, which passed the order under the following circumstances: