SAMAR KUMAR SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Public Interest Litigation is filed, seeking for a direction upon the respondents to appoint Chairman and one Member of the Jharkhand Electricity Regulatory Commission, which was constituted earlier for five years.

(2.) THE petitioner is represented by the Senior Counsel -Mr. Anil Kumar Sinha and the respondent -State of Jharkhand is represented by the learned Advocate General -Mr. R.S. Mazumdar, appearing along with Mr. Rajesh Kumar, learned G.P.V.

(3.) OUR attention was drawn to the judgment of the Hon'ble Supreme Court rendered in the case of T.N. Generation & Distbn. Corporation Ltd. Vs. PPN Power Gen. Co. Pvt. Ltd. reported in : (2014[3] Supreme 141). Referring to Section 84(2) of the Electricity Act, 2003, in relation to the nature of judicial functions vested with the State Government, the Hon'ble Supreme Court in paragraph -45 held as under: