In this PIL, the petitioner sought a time-bound schedule for the appointment of Members of DERC. The Court granted 120 days to the respondents to fill the vacancies instead of the requested 60 days and disposed of the writ petition.
Grant of 120 days to respondents No. 2 and 3 to fill the vacancy of Members of DERC, reserving liberty to agitate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~10.
% Date of decision: 2nd September, 2019
ATUL TRIPATHI ..... Petitioner Through: Mr.Chetan Sharma, Sr.Adv. with Mr.A.Mishra, Adv.
Versus
UNION OF INDIA & ORS ..... Respondents Through: Mr.Anil Soni, CGSC with Mr.Devesh Dubey, Adv. for R-1. Mr. Anupam Srivastava, ASC for GNCTD with Ms.Swati Singh, Advocate for R-2,3. Mr.Rishi Bharadwaj and Mr.Rahul Mehalwal, Advs. for Ms.Pratima K.Gupta, Adv. for R-4.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R
: D. N. PATEL, Chief Justice (Oral)
“a) Issue a writ of mandamus or any other appropriate Writ/Order/directions to the Respondent No. 2 and Respondent No.3 to immediately constitute Selection Committee contemplated under Section 85 (1) of the 2003 Act and to take further consequential actions to complete the selection process in accordance with section 85, section 84(1) read with section 82(4) and (5) of 2003 Act; and
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b) Issue a writ of mandamus or any other appropriate Writ/Order/directions to the Respondent No. 2 and Respondent No. 3 herein to make a reference under Section 85 (2) of the 2003 Act, of vacancies of Members of DERC to the Selection Committee constituted under Prayer (a) above and to take further consequential actions to complete the selection process in accordance with the other provisions of Section 85 of the 2003 Act as well as in terms of section 84(1) read with section 85 of the 2003 Act; and
c) Issue a writ of mandamus or any other appropriate Writ/Order/directions to the Respondent No. 2 and Respondent No. 3 herein to appoint Members of DERC under Section 82 (5) of Electricity Act 2003 as soon as Respondent No. 2 and 3 receive the recommendations of Selection Committee, (constituted under Section 85 (1) of 2003 Act), under Section 85 (4) of the Electricity Act, 2003; and
d) Issue a writ of mandamus or any other appropriate Writ/Order/directions to the Respondent No. 2 and Respondent No. 3 herein that the entire process right from constitution of 'Selection Committee' (i.e. under Section 85 of the 2003 Act) to appointment of Members of DERC (i.e. under section 84 (1) & 82 (5) of the 2003 Act) as sought in Prayer (a) (b) and (c) above shall be implemented in a time bound manner in a specific time frame under supervision/monitoring of this Hon'ble Court; and
e) Pass any other suitable and equitable reliefs which may be passed in public interest, in the facts and circumstances of the present case.”
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2003 (‘the Act of 2003’) for filling up of the vacancy of the Members of the Delhi Electricity Recovery Commission (‘DERC’).
CHIEF JUSTICE
C.HARI SHANKAR, J
SEPTEMBER 02, 2019 „anb‟
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2 issues framed by the court
Whether the petitioners are entitled to a time-bound schedule for the appointment of Members of the Delhi Electricity Regulatory Commission.
How long should the respondents be granted to complete the recruitment process for filling the vacancies.
Atul Tripathi
Union of India
GNCTD
Ms. Pratima K. Gupta
C. Hari Shankar
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
