The Supreme Court on Tuesday upheld the Allahabad High Court order, quashing the appointment of chairperson to Uttar Pradesh State Electricity Regulatory Commission (UPSERC).
In their separate verdicts, Justice K R Radhakrishnan and Justice Dipak Misra examined Section 85 of the Electricity Act, 2003.
The appointment of Rajesh Awasthi to the UPSERC post was challenged by Jal Vidyut unit general secretary Nand Lal Jaiswal in Lucknow Bench of Allahabad High Court, alleging that the selection committee did not follow the provisions in sub-section (5) of Section 85, while shortlisting Awasthi for the post.
He said Awasthi’s selection was not fair as he was working as the joint president of J P Power Ventures Ltd at the time of selection.
Following his appointment to the post on December 29, 2008, Awasthi sent a letter to the UP Government stating that he had resigned from his previous assignments on December 27, 2008, and severed all links with the private sector firm as required under Section 85 of the Act. The High Court then issued a writ of quo warranto (questioned his right to hold office) and quashed Awasthi’s appointment.
Hearing the case on Tuesday, Justice Radhakrishnan said: “… the powers conferred under sub-section (5) have to be exercised by the selection committee and the committee alone, not by the government. The Legislature has emphasised the fact that ‘the Selection Committee itself has to satisfy’, meaning thereby that it is not the satisfaction of the government on what is envisaged in sub-section (5) of Section 85 of the Act, but the satisfaction of the selection committee”.
