AAP govt moves HC against LG Jung scrapping DERC chief’s appointment

The application was moved before a Bench of Chief Justice G Rohini and Justice Jayant Nath who were hearing two pleas challenging the appointment process of the Delhi government. Citing Transaction of Business Rules (TBR), the Delhi government said the LG should be directed to “reconsider his decision on the request of Council of Ministers of GNCTD”. The court has listed the application on November 25. 

On Friday, Chief Minister Arvind Kejriwal urged LG Najeeb Jung to reconsider his decision scrapping the appointment of Krishna Saini as chairperson of Delhi’s power regulator DERC in public interest, saying all laid down procedures were followed by the AAP government during the selection process.

In his 27-page note to Jung, Kejriwal said cancelling the appointment of Saini will only lead to “serious problems” for the power section, and huge adverse impact on the consumer which could not be the “intention” of the LG. 

Kejriwal has also offered to meet Jung to personally request him to revoke scrapping of appointment of Saini as the chairman of power regulator body. In the note, Kejriwal cited Transaction of Business Rules (TBR) and said all laid down rules were followed by the Delhi government while appointing Saini.

“The entire selection process was conducted in a fair and transparent manner and in full conformity with law while bearing public interest in mind. There is not an iota of mala fide, bias or other irregularity in the process,” Kejriwal said in the note.

The LG had on September 21 set aside Saini’s appointment in March to the top post of Delhi Electricity Regulatory Commission (DERC), as it was done without taking his approval as mandated under the rules and procedure.

The Delhi government has said that “the order of the LG has only found fault with the process that was followed leading up to/culminating in the selection of the DERC Chief and has not otherwise found him unfit for the post”.

The application said the high court, in its August 4 judgement interpreting the inter-relationship between the LG and the Council of Ministers, had said that if the LG does not agree with a decision taken by Council of Ministers, he was required to refer the matter to the President of India.

It further said the “Cabinet of the Delhi government is proposing to request the LG to consider the matter once again and grant ex-post facto approval, which would be in the interest of the seamless and unhindered supply of electricity to the citizens of the national Capital of Delhi and hence undeniably in public interest”. The government had appointed Saini in March after the high court gave conditional permission during hearing of the pleas.