AAP Moves High Court Against LG Scrapping DERC Chief’s Appointment

Delhi Lt Governor Najeeb Jung (left) and Delhi CM Arvind Kejriwal (right). (Photo: The Quint)

The AAP government on Friday moved Delhi High Court seeking direction to Lieutenant Governor (LG) to reconsider his decision scrapping appointment of Krishna Saini as the Chairperson of Delhi’s power regulator, DERC.

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 (Government of National Capital Territory of Delhi)”.

The court has listed the application on 25 November. LG Najeeb Jung had on 21 September 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 order of the LG has only found fault with the process that was followed leading upto/culminating in the selection of the DERC Chief and has not otherwise found him unfit for the post.

Delhi government

The application said the high court, in its 4 August 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 is 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.”