Dismissed

James M David, v. the Government of Kerala

Kerala HC5 Jul 2024WP(C)/30806/2022

Case brief

AI extract

What is this about?

Challenge to appointment of the 4th respondent as Kerala Electricity Ombudsman on the ground that his aviation-sector experience at Cochin International Airport did not satisfy Regulation 15's requirement of 20 years' power sector experience. The court held 'power sector' must be given a wide meaning covering any industry's electricity-related work, upheld the selection committee's choice, and dis

What the court decided

AI extract

James M David, Vs the Government of Kerala — Service and Employment | Kerala HC (2024)

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C.R.

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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FRIDAY, THE 5TH DAY OF JULY 2024 / 14TH ASHADHA, 1946
W.P.(C) NO.30806OF 2022

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PETITIONER:

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JAMES M DAVID, AGED 57 YEARS,
S/O. J. DAVID, MERCY DALE, THANNIKKUNNU POST,
VETTIYAR, MAVELIKARA 690 534.

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BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
ARCHANA RAMANAN
ANJANA S.
ASHA ELIZABETH MATHEW

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RESPONDENTS:

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1 THE GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, POWER DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, KPFC BHAVANAM, CV RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010.

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3 THE SELECTION COMMITTEE (ELECTRICITY OMBUDSMAN), REPRESENTED BY ITS CHAIRMAN, KPFC BHAVANAM, C.V. RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010.

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4 A CHANDRA KUMARAN NAIR, 60 YEARS, S/O.APPUKUTTAN NAIR, SREEMANGALAM, PLOT 171, FRIENDS LANE, MAVELIPURAM, KAKKANAD, KOCHI 682 030.

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WPC. No. 30806/2022

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BY ADVS.
VIPIN P VARGHESE, SC, FOR – R2
P.BENNY THOMAS - FOR R4
ADARSH MATHEW(KAR/2577/2015)
KEVIN MATHEW GEORGE(K/1431/2020)
MEERA ELSA GEORGE(K/001893/2021)
MERLINE MATHEW(K/001279/2022)
D.PREM KAMATH
TOM THOMAS (KAKKUZHIYIL)
ABEL TOM BENNY
KURIAN OOMMEN THERAKATH
JAIKRISHNAN.M.PISHARODI
K.S.MUHAMMED SHEFIN
GOVERNMENT PLEADER, SMT.ANIMA.M

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2024, THE COURT ON 05.07.2024 DELIVERED THE FOLLOWING:

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JUDGMENT (Dated: 5^th July, 2024)

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The question involved in this writ petition concerns the interpretation of the words “Power Sector” in Regulation 15(1) of the Kerala State Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2005 regarding the appointment of the Electricity Ombudsman.

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Brief facts necessary for the disposal of the writ petition are as follows: The petitioner retired from the Kerala State Electricity Board Ltd. (hereinafter referred to as ‘KSEBL’) as Chief Engineer. He is a B.Tech graduate in Electrical Engineering from the College of Engineering, Thiruvananthapuram. He was appointed to the KSEBL in 1990 as an Assistant Engineer and then promoted to Assistant Executive Engineer, Executive Engineer, and Deputy Chief Engineer. He was appointed as Chief Engineer in the year 2015 and continued till he superannuated in

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the year 2021. He has a total experience of 31 years in KSEBL, a company in the power sector, out of which 10 years of experience is in generation, 10 years in transmission, and 11 years in distribution. Chapter 3 of the Kerala State Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations (hereinafter referred to as KSERC) deals with the establishment of an Electricity Ombudsman, qualifications and tenure of appointment, powers, and duties, maintainability of complaints, its disposal, proceedings and award etc.

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Regulation 15 deals with the Qualif i cat i ons and Tenure of the

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appointment of the Electricity Ombudsman. A notification was issued by the 2^nd respondent on 21.02.2022 inviting applications to fill out the post of Electricity Ombudsman (Ext.P2). Pursuant to the notification, the petitioner submitted an application dated 03.03.2022 with relevant experience certificates. As per the stipulation in Regulation 15 and Ext.P2 notification, the petitioner is qualified and has the requisite experience in the power sector to be appointed as Electricity

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Ombudsman. After the issuance of the order impugned, appointing the 4^th respondent as Electricity Ombudsman, the petitioner got reliable information that the 4^th respondent does not have the required experience of 20 years in the power sector as mandated in Regulation 15 of the KSERC and Ext.P2 notification.

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The 4^th respondent was working on the date of issuance of Ext.P2 notification as Executive Director in the Airport Operations Department of Cochin International Airport Ltd. (hereinafter referred to as ‘CIAL’), and before that, he was working in the Airport Authority of

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India, both in Aviation Sector. The 4^th respondent does not have experience in the power sector, but his experience is in the aviation sector. Therefore, the 4^th respondent is not eligible to be appointed as Electricity Ombudsman, as per the mandate of Regulation 15 of the Regulations. CIAL is a Commercial Airport and cannot be considered a power sector enterprise by any stretch of the imagination. Schedule V declaration submitted by the CIAL under the Companies Act along with its annual report for 2021-22 shows that it is an Aviation Industry

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established as an Airport built with a Public-Private Partnership. Even though the 4^th respondent did not have the requisite experience of 20 years in the power sector, he was short-listed and called for an interview conducted on 22.03.2022, in which the petitioner also participated.

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The chairman of the 2^nd respondent and the member (Law) of the 2^nd respondent interviewed the applicants, and the 2^nd respondent

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issued order No.2082/Admin./2019/KSRC dated 05.04.2022 by which the 4^th respondent has been appointed as the Electricity Ombudsman

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with effect from 02.05.2022. The appointment order is produced as Ext.P9. Despite the appointment of the 4^th respondent as Electricity Ombudsman with effect from 02.05.2022, he continued to discharge duties as the Executive Director of CIAL without joining duty as the Electricity Ombudsman in violation of the mandate of the proviso to Regulation 16(2) of the KSERC.

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In the interview conducted by the 3^rd respondent, the 4^th

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respondent was awarded 17 marks, and the petitioner was awarded 12.5

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marks. The 4^th respondent is ranked No.1, and the petitioner is ranked

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No.2. The 4^th respondent was appointed as Electricity Ombudsman vide Ext.P9, despite being ineligible to hold the post. Due to the influence and special interest taken by the higher-ups, the 3^rd respondent/committee selected him, and Ext.P9 order was passed. Therefore, the petitioner has filed this writ petition for the grant of the following reliefs:

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i. Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction calling for all the records leading to Exhibit P9 Order and quash the original of the same as illegal and opposed to the law.

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ii. Issue an appropriate Writ or Order declaring that the 4^th respondent is ineligible to be appointed as the Electricity Ombudsman and that the 4^th respondent is not having 20 years of experience in Power Sector as mandated by Section 15(2) of Kerala State Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2005 and that his stint in the Cochin International Airport Ltd. cannot be reckoned as experience in Power Sector and that Cochin International Airport Ltd. is not a Power Sector Establishment and that Exhibit P9 order is illegal and that the 2^nd respondent is bound to appoint the Petitioner as the Electricity Ombudsman pursuant to be selection conducted based on Exhibit P2 notification;

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iii. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction commanding the 2^nd respondent to appoint the Petitioner as the Electricity Ombudsman pursuant to selection conducted by the 3^rd respondent based on Exhibit P2 notification.

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iv. Pass such other orders as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.

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A counter afÏdavit is filed on behalf of respondents 2 and

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2^nd and 3^rd respondents denied the averments and allegations in the

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writ petition. It is contended that the writ petition lacks merits since the 2^nd respondent issued Ext.P9 order after conducting a selection

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process following the provisions contained in the Electricity Act and Regulations and complying with all statutory and procedural formalities. The 2^nd respondent/Commission constituted a selection committee for the Kerala State Electricity Ombudsman appointment vide proceedings No.2082/Admn./2019/KSERC dated 21.02.2022. A notification was issued inviting applications to fill up the post. As per the notification, candidates shall be Electrical Engineers of ability, integrity, and standing

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who have experience of not less than 20 years in the power sector. In response to the notification, 10 applications were received by the 2^nd respondent/Commission, out of which 5 were found eligible for interview. The 4^th respondent was among the qualified applicants for the interview; an Electrical Engineering graduate passed from the College of Engineering, Thiruvananthapuram, in 1984 and also passed an MBA from

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Indira Gandhi National Open University in 1996. The documents show that he acquired 26 years of experience in the power sector at CIAL. The 4^th respondent was appointed as Electricity Ombudsman after a proper interview conducted by the 3^rd respondent, and after complying with all the procedural formalities under the Electricity Act, 2003 and the Regulation, 2005. He was selected since he has more than 20 years of experience in the power sector, as stipulated in the notification. Upon receipt of the appointment order, the 4^th respondent sent a request dated 30.04.2022 to permit him a little more time to join, since he held a responsible post in CIAL. Accordingly, the Commission has decided to temporarily engage one Sri.T.R.Bhuvenadra Prasad, who was working on a contract basis as Compliance Examiner of the Commission as Electricity Ombudsman, until the new incumbent assumes charge. Sri.T.R. Bhuvenadra Prasad retired from the KSEBL as Chief Engineer. He had 28 years of experience in the power sector and was competent enough to hold the post of Electricity Ombudsman as per the regulations in force. The 4^th respondent took charge as Electricity Ombudsman with

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effect from 01.06.2022. Ext.R2(D) would show that the 4^th respondent had acquired the qualifications and experience required for the post. He had 26 years of experience in the power sector in CIAL. It is specifically mentioned in the experience certificate issued by the Managing Director of CIAL that he played a leading role in designing, planning, and executing various power system projects and has experience in the power sector, such as designing, executing, and commissioning 110 KV substations, designing, and execution of HT power substation, LT power distribution, implementing SCADA control system etc.

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Though the 4^th respondent was working as executive director

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in the Airport Operations Department of CIAL, his prior experiences show

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that he served as head of the Electrical Engineering sub-region of the Airport Authority of India from 1988 to 1993. As Executive engineer in charge of Chennai Electrical region of AAI, and as Executive Engineer heading the Electrical Engineering department of CIAL from 1996 – 2000 on deputation, and subsequently, as Deputy General Manager, head of Electrical Engineering of CIAL from 2000 onwards and later as Executive

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Director and Director of CIAL Infrastructure Ltd. The career profile of the

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4^th respondent shows that his current employment in CIAL was related

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to the Electrical Engineering Department in the power sector. He had executed electrical projects in power generating and distribution.

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The petitioner’s contention that the 4^th respondent has only experience in the Aviation Sector is not correct and has been denied. The term power sector is not defined in the Electricity Act, 2003, Regulation, 2005, or the 2016 amendment. The vast experience of the

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4^th respondent in the power sector of CIAL is evident from Ext.R2(D), the experience certificate. Out of the 4 applicants who attended the interview, the selection committee was impressed with the performance of the 4^th respondent, who was given the highest marks in the personal interview. Accordingly, Ext.P9 appointment order was issued to the 4^th respondent as Electricity Ombudsman. Regulation 69 of the KSERC (Conduct of Business) Regulation, 2003 confers inherent power to the Commission to make such orders as necessary for making ends of justice

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and invoking said regulation. Sri.Bhuvenadra Prasad was designated and

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engaged as an Ombudsman on a temporary measure.

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The petitioner contends that the 4^th respondent never

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worked for CIAL Infrastructures Ltd., contrary to the facts, Exts.R2(C) and (D) mentioned that he was the Director of CIAL Infrastructure Ltd. CIAL Infrastructures Ltd., is a wholly-owned subsidiary company of CIAL since 2014. Hence, prayed for the dismissal of the writ petition.

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A separate counter afÏdavit was filed by the 4^th respondent,

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contending that the writ petition is not maintainable and does not call for interference at this stage, invoking the jurisdiction under Article 226 of the Constitution of India. It is submitted that the 4^th respondent was the Airport Director and the Executive Director heading the Electrical Department of Cochin International Airport. He graduated from the College of Engineering, Thiruvananthapuram, in 1984. He had obtained a National Merit Scholarship in 10^th standard. He started his career as an Electrical Engineer after graduating from the College of Engineering. He played a significant role in electrifying two villages at Mangalathunada,

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and Nethajipuram, where there was no electricity. Thereafter, working in various organisations in different capacities, he acquired more than 38 years of experience in the power sector. He worked as a licensed Electrical Supervisor for 2 years in an Electrical Contracting Company in Thiruvananthapuram. In Kerala State Electricity Board - as a graduate trainee, and worked in 66 KV substation, AtÝngal - for a period of one year. In Indian Telephone Industries at Palakkad, he worked as Assistant Engineer in charge of electrical projects and maintenance and executed projects such as installation, testing, and commissioning of 66 KV substation, 11 KV power distribution system, diesel generating station, fire protection system etc., for a period of 1½ years from July 1987 to December 1988. Under the Airport Authority of India in Thiruvananthapuram, as Assistant Executive Engineer heading the electrical sub-region Thiruvananthapuram, Cochin, Calicut, Mangalore, and Agati and was responsible for planning, coordinating, and implementing various electrical projects such as 11 KV power station, distribution system, air conditioning system, and runway lighting system

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for a period of 4½ years. In the Airport Authority of India Chennai region as Executive Engineer heading an electrical region consisting of 16 airports which includes maintenance of 11KV substations and power distribution system etc., for a period of three years from June 1993 to

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May 1996. Thereafter, in Cochin International Airport Ltd., as Executive Engineer on deputation from 1996 to 1999. It is as per the request of the CIAL, he was deputed by the Airport Authority of India to head the Electrical Engineering department at the very inception of CIAL.

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He was responsible for designing, planning, tendering, and

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executing all the electrical projects of Cochin International Airport, which included an 11KV substation, 11KV power distribution system, airconditioning plants, runway lighting system, fire protection system, terminal lighting system, etc., for a period of three years. After that, he was appointed Deputy General Manager, and completed all the electrical projects, and commissioned the Airport in 1999. CIAL was India’s first PPP Green Filed Airport and the most cost-effective Airport. He worked from June 1999 to May 2005 for six years and was promoted to General

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Manager and Airport Director of CIAL, heading the Electrical Engineering

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Department as Executive Director and Airport Director of CIAL. He headed the Electrical Engineering Operations, IT, and communication departments for sophisticated inline X-ray system, CT machines installation and commissioning of 6 11 K V diesel generating stations, expansion of 110 KV substation, and also the prestigious project of solar power system and hydel project for a period of 13½ years. He has also served for six years as a Board member of the Airport Council of the International Asia Pacific Region, participated actively in international conferences, and presented papers on airport electrical systems, runway lightening systems, and solar power generation systems and also represented India to present a paper on “Fully Solar Power Airport”.

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It is based on the experience mentioned above that he was shortlisted for the post of Member Technical in Kerala State Regulatory Commission by the selection committee, which is a post higher than the Kerala State Electricity Ombudsman of the Electrical Engineering

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department in Airports are extending the service to consumers and also dealing with installations, operations, and maintenance of various electrical products. The Electrical Engineering department is essential in all airports because the power supply is critical for an airport to function

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smoothly. CIAL produces power products. It is a wholly-owned subsidiary company and has a total production capacity of 53.5 MW, which includes solar and hydel power. There are diesel generation stations and various capacities in CIAL, totalling about 20 megawatts. As per Ext.P2 and the regulation, the applicants should have experience in

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the power sector only and not in the power sector enterprise. The power sector is any sector dealing directly or indirectly with the activities of production, and marketing, directly or indirectly with the sale of electricity or heat or associated products and services. The required experience is from the power sector, not the power sector company. The

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4^th respondent has been appointed as Electricity Ombudsman, considering his qualifications, experience, and performance in the

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interview.

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The allegation of influence and special interest is absolutely

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false and denied. The 4^th respondent graduated in Electrical Engineering,

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secured a post-graduate degree in Management, and served as Executive

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Director for 13½ years, a post higher than Chief Engineer. The appointment of the 4^th respondent as State Electricity Ombudsman is fully legal and confirms the regulation and the notification. Therefore, prayed for the dismissal of the writ petition.

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The petitioner files a reply afÏdavit to the counter afÏdavit filed by the 4^th respondent, in which the contention raised in the counter

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afÏdavit has been denied para by para. The petitioner also files a reply to the counter afÏdavit filed on behalf of respondents 2 and 3, in which the contentions in the counter afÏdavit were also denied.

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Heard Sri. Renny Stephen, counsel for the petitioner,

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Sri.Benny Thomas, Senior counsel appearing for the 4^th respondent,

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Sri.Vipin P.Varghese, counsel appearing for 2^nd respondent and Smt.Anima .M, for the 1^st respondent.

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The counsel appearing for the 1^st respondent argued that

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Regulation 15 of the Electricity Regulations, 2005 deals with the qualifications and tenure of appointment of the Electricity Ombudsman.

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The said regulation clearly spells that the Ombudsman shall be an Electrical Engineer of ability, integrity, and standing, with experience of not less than 20 years in the power sector. The notification also prescribes that the applicant should be an Electrical Engineer with 20 years of experience in the power sector; knowledge in management, finance, or law shall be an additional qualification. One of the essential experiences shown in the notification is at least one year of experience as a Chief Engineer or in an equivalent post. According to the petitioner, the 4^th respondent does not have expertise in any power sector, the 4^th respondent’s experience is in the aviation sector, as the CIAL is an airport in the aviation sector. Ext.P5 is the 28^th annual report of 2021 -22 of CIAL. This was produced to show that in the general information of Ext.P5, the first column relates to the nature of the industry and indicates that CIAL is in the aviation industry. Ext.P6 is the audit report of CIAL,

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which is produced to show that the laws applicable to the company are 7 in number, as shown in clause 3 in Ext.P6. The petitioner has produced Exts.P11 to P19 documents as additional documents, which are printouts of the website of the Ministry of Corporate Affairs and corporate identification numbers of Cochin International Airport and that of Kerala State Electricity Board to show that Cochin International Airport/CIAL does not come under the power sector, and it is under the Aviation Industry.

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The counsel for the petitioner argues that going by the National Industrial Classification (NIC), a Corporate Identification No.(CIN) is a 12-digit alphanumeric code, issued to a company incorporated within India and registered by the Registrar of Companies. According to him, the Corporate Identification number of Cochin International Airport Ltd. is U63033KL1994PLC007803, and the

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corporate identification No.CIAL Infrastructure is

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U45203KL2012PLC031692.

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As per Exts.P11 & P12, the Corporate Identification No. starts

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with NIC code 63033 in respect of CIAL, whereas for CIAL Infrastructures,

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the number starts with 45203, but in Ext.P13, Kerala State Electricity

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Board, it is 40100 with Corporate Identification No. as U40100KL2011SGC027424. Division 40 identifies that the company is involved in generating and transmitÝng electricity and hydroelectric power plants, whereas, according to Ext.P17, division 63 shows that code number 6303 (specifically 63033) relates to supporting, auxiliary transport activities and activities of travel agencies. The NIC code of 4520 (specifically 45203), relates to the CIAL Infrastructure Ltd. By Ext.P17, it relates to division 45, which is related to construction. As far

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as 4010 is concerned, it deals with division 40 concerning electricity, gas, steam, and hot water supply.

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The counsel for the petitioner tried to distinguish all these corporate identification numbers to show that CIAL and CIAL Infrastructure Ltd., do not come under the power sector, as seen from Ext.P17. This was raised to show that the 4^th respondent does not have

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the required qualification stated in Regulation 15, which prescribes that

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the experience is not less than 20 years in the power sector and also in Ext.P2 notification.

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The power sector is not defined anywhere in the Electricity Act or any Regulation. He relied on the Advanced Law Lexicon, Oxford Advanced Learner’s Dictionary, and New Webster’s Dictionary to define

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the Sector.

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According to the Advanced Law Lexicon, the word sector means: "the tracks on a disk are divided into sectors. Clusters contain from 1 to 64 sectors. (Cyber Law) Part of the national economy or any business activity. (Insurance)

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Economic term for a part of the national economy or business activity (Banking)”.

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According to the Oxford Advanced Learner’s Dictionary of Current English by A.S.Hornby 9^th Edition, the word sector means: “1. a part of an area of activity, especially of a country’s economy: the manufacturing sector, 2. A part of a particular area, especially an area under military control: each sector of the war zone, 3.

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(geometry) a part of a circle lying between two straight lines drawn from the centre to the edge”.

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The New Webster’s Dictionary also, the word sector means: “A separate part; a distinguishable subdivision; as, the government sector of an economy; geom , a nearly triangular figure formed by two radii cutÝng the arc of a circle. A mathematical instrument consisting of two legs hinged at one end and marked to fit various radii and scales, used in making diagrams; milit. an area of varying extent in war, over which operations are conducted. To separate into sectors”.

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Relying on these meanings, he contends that the power sector can only be in relation to any company or enterprise dealing with the generation, transmission, and distribution of any power. CIAL, where the 4^th respondent was working as Executive Director, does not come under the definition of power sector. Therefore, selecting the 4^th respondent by the 3^rd respondent is against Regulation 15 and the notification, which prescribes the experience of not less than 20 years in the power sector. "Power sector means any sector relating directly or indirectly to

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the activities of production, marketing, and or directly or indirectly to the sale of electricity or heat or associated products and services”. He also took me through the Electricity Regulatory Commissions Act of 1998 to show the statement of objects and reasons to contend that the power sector is an entirely different sector. Though not defined in any of the Electricity Act or Regulation, the same has been taken note of in the statement of objects and reasons of the Electricity Regulatory Commissions Act, 1998, which reads as follows: India’s power sector is beset by problems that impede its capacity to respond to the rapidly growing demand for energy brought about by economic liberalization. Despite the stated desire for reforms and the initial measures that have been implemented, serious problems persist. As the problems of the Power Sector deepen, reform becomes increasingly difÏcult underscoring the need to act decisively and without delay. In paragraph 3 of the statement of objects, the word “Power Sector” is again used.

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He has also relied on the statement of objects and reasons

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of the Electricity Act, 2003, in which it is stated that the bill has

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progressive features and endeavours to strike the right balance given the current realities of the power sector in India. The counsel for the petitioner’s attempts to show that India’s power sector can only generate, transmit, and distribute power in India, be it hydel, solar,

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thermal, or any other power. Still, by the objects, reasons, and definition, the CIAL cannot be construed as a power sector and can only be included in the Aviation Sector. What is intended by Regulation 15 is that the 20 years’ experience should be in the power sector itself and not in any department dealing with electricity in any other industry. The 4^th respondent may have experience in the electrical department of CIAL. Still, it does not qualify that he has 20 years of experience in the power sector as mandated in Regulation 15 and the notification. Therefore, he argues that the selection committee has made a mistake in interpreting

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the word power sector, and the appointment of the 4^th respondent is illegal and liable to be quashed.

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The senior counsel Sri.Benny .P, appearing for the

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4^th respondent, argues that the power sector is not defined in any of the

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Acts or Regulations. What is meant in Regulation 15 is the experience of

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not less than 20 years in the power sector. This only means that the applicant should have experience in any company or establishment’s power sector, and it should not be a power sector industry. From the very inception of CIAL, the 4^th respondent worked as an Electrical Engineer in the commissioning of the 110 KV substations, the distribution, and other allied activities with respect to electricity in

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CIAL. Before joining the CIAL, his experience was in the field of electricity distribution and installation of other substations under the Airport Authority of India, Telecom Industry, Kerala State Electricity Board, a Company of Electrical Contracting in Thiruvananthapuram and Airport Authority Chennai Region. All these experiences show that he was dealing with electricity-allied activities as an Electrical Engineer in the field of power.

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The word power sector cannot be given a very narrow

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meaning, to mean that it relates only to generation, distribution, and transmission. The power sector means anything connected with power,

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and the sector can only mean any department that deals with power. As

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stated above, the 4^th respondent has over 38 years of experience as an Electrical Engineer in the power sector in various companies. Therefore, the selection committee has thoroughly gone through the profile of the petitioner and the other candidates and has taken a conscious decision to select the 4^th respondent as Ombudsman, noting that he has more than 20 years of experience in the power sector. The wisdom of the selection committee cannot be questioned in a court of law.

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Learned standing counsel appearing for respondent Nos.2 and 3 argues that the 4^th respondent has much experience in the power sector. According to him, a narrow, restrictive interpretation of the term power sector cannot be given effect. The 3^rd respondent selection committee has given the word power sector a wider meaning. It was

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noted that the 4^th respondent has more than 20 years of experience in

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different companies’ electrical departments, proving that he has experience in the power sector. The power sector cannot be defined as one that relates to the generation, transmission, or distribution of power alone, and the power section has been given a wider meaning to allow qualified persons working as electrical engineers in different companies dealing with power. It is only to facilitate and to select the most competent person that the word power sector is given a wider meaning.

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It is true that the power sector is not defined in the Electricity Act or Regulation. A reading of Regulation 15 shows that the Ombudsman should be an electrical engineer of ability, integrity, and standing who has experience of not less than 20 years in the power sector. This is reiterated in Ext.P2 notification also. The Electricity Ombudsman is empowered with powers and duties to receive representations against the order of the Consumer Grievance Redressal Forum, consider such representation, and facilitate the satisfaction or settlement by agreement to the conciliation and mediation between the license and the complainant or by passing an award in accordance with

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the regulations, which also have General Superintendents’ power over his ofÏce and assumes responsibilities for the conduct of business. A perusal of the experience certificate produced by the 4^th respondent would show that he had ample experience in electrical divisions of various companies which includes Kerala State Electricity Board; Indian Telephone Industry, Palakkad; Airport Authority of India/ CIAL; as well as CIAL infrastructures Ltd. Exts.R4(c) to R4(i) categorically proves the experience of the 4^th respondent in dealing with power in various companies, each of these companies have though in different industrial parameters are having electrical departments of their own. The power sector cannot have a narrow meaning as to any industry that generates, transmits, and distributes power. The power sector includes any sector which deals with any kind of power in any industry. Going by the experience certificates issued and produced by the 4^th respondent, it is a well-established fact that he was instrumental in setÝng up 11 KV substations, maintenance, and distribution of powers in all the companies where he has worked right from 1984 onwards as a Graduate

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WPC. No. 30806/2022

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Trainee in Kerala State Electricity Board. The word power sector, at first look, would mean a sector that consists of the generation, transmission, and distribution of power. However, a detailed examination would reveal

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that the concept of the power sector cannot be microscopic; it should include all sorts of power-generating and transmitÝng plants.

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As mentioned earlier, any wing of any industry dealing with

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any power can also be termed the power sector in the widest amplitude. The experience stated in Regulation 15 only means that the Ombudsman should have experience in the field of either generation, transmission, or distribution of any power, which may be electrical, thermal, or solar. The installation of 11 KV substations and management of the same will come under the electrical department of any industry, which can be easily said to be in the power sector. The 3^rd respondent selection committee has thoroughly reviewed each applicant’s career profile. It has taken a conscious decision that the 4^th respondent is the most competent person among the 4 to be appointed

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as Electricity Ombudsman and has been given the 1^st rank. The power

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sector in Regulation 15 of KSERC, as well as the notification, has been meticulously taken care of by the 3^rd respondent selection committee and has correctly applied the term power sector regarding the experience of the 4^th respondent.

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In view of the matter, I am of the considered opinion that the selection of the 4^th respondent as Electricity Ombudsman and his appointment through Ext.P9 is in consonance with Regulation 15 and the notification Ext.P2, and therefore, it is legal and in order. Thus, no interference is warranted against Ext.P9, and the writ petition is dismissed.

Sd/-

BASANT BALAJI,

JUDGE

WPC. No. 30806/2022

¶194

APPENDIX OF WP(C) 30806/2022

¶195

PETITIONER EXHIBITS:

¶196

`Exhibit P1`	`A` `TRUE` `COPY` `OF` `NOTIFICATION` `NO.875/ADMIN/2014/KSERC (ii) DATED 10/2/2016` `ISSUED BY THE 2ND RESPONDENT.`
`Exhibit P2`	`TRUE` `COPY` `OF` `THE` `NOTIFICATION` `DATED` `21/02/2022 ISSUED BY THE 2ND RESPONDENT.`
`Exhibit P3`	`TRUE` `COPY` `OF` `APPLICATION` `DT.03/03/2022`
	`SUBMITTED` `BY` `PETITIONER` `BEFORE` `3RD` `RESPONDENT.`
`Exhibit P4`	`A TRUE COPY OF THE DETAILS OF EXPERIENCE.` `SUBMITTED BY THE PETITIONER ALONG WITH`
	`EXHIBIT.P3` `APPLICATION` `BEFORE` `THE` `3RD` `RESPONDENT.`
`Exhibit P5`	`A TRUE COPY OF SCHEDULE V DECLARATION` `SUBMITTED BY CIAL UNDER COMPANIES ACT ALONG` `WITH ITS ANNUAL REPORT FOR THE YEAR 2021-22.`
`Exhibit P6`	`A TRUE COPY OF SECRETARIAL AUDIT REPORT IN` `FORM MR3 WHICH FORMS PART OF THE ANNUAL` `REPORT OF FINANCIAL YEAR 2021-22 OF CIAL.`
`Exhibit P7`	`A TRUE COPY OF THE LETTER DATED 11/03/2022` `ISSUED BY THE SECRETARY OF THE 2ND RESPONDENT` `TO THE PETITIONER.`
`Exhibit P8`	`A TRUE COPY OF ATTENDANCE REGISTER OF` `INTERVIEW CONDUCTED ON 22/03/2022 BY 3RD` `RESPONDENT.`
`Exhibit P9`	`A TRUE COPY OF ORDER NO.2082/ADMN/2019/KSERC`
	`DATED` `05/04/2022` `ISSUED` `BY` `THE` `2ND` `RESPONDENT.`
`Exhibit P10`	`A TRUE COPY OF THE CONSOLIDATED MARK LIST OF` `THE INTERVIEW CONDUCTED ON 22/03/2022 BY THE`
	`3RD RESPONDENT FOR THE ENGAGEMENT OF STATE` `ELECTRICITY OMBUDSMAN.`

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WPC. No. 30806/2022

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RESPONDENT EXHIBITS:
Exhibit R4(A)TRUE COPY OF THE ENTITLEMENT CARD OF NATIONAL
MERIT SCHOLARSHIP.
Exhibit R4(B)TRUE COPY OF THE ENGINEERING DEGREE
CERTIFICATE OBTAINED BY THE PETITIONER DATED
7.02.1985.
Exhibit R4(C)TRUE COPY OF THE CERTIFICATE DATED 09.05.1986
ISSUED BY KSEB.
Exhibit R4(D)TRUE COPY OF THE SERVICE CERTIFICATE DATED
24.12.1988 ISSUED BY INDIAN TELEPHONE
INDUSTRIES.
Exhibit R4(E)TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED
15.10.1988 ISSUED BY THE INDIAN TELEPHONE
INDUSTRIES.
Exhibit R4(F)TRUE COPY OF THE APPOINTMENT ORDER DATED
01.12.1988 ISSUED BY NATIONAL AIRPORT
AUTHORITY RENAMED AS AIRPORT AUTHORITY OF
INDIA.
Exhibit R4(G)TRUE COPY OF THE APPRECIATION CERTIFICATE
DATED 20.08.1992 ISSUED BY THE NATIONAL
AIRPORT AUTHORITY.
Exhibit R4(H)TRUE COPY OF THE SERVICE CERTIFICATE DATED
07.051996 ISSUED BY AIRPORT AUTHORITY OF
INDIA (MADRAS REGION).
Exhibit R4(I)TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED
16.03.2022 ISSUED BY COCHIN INTERNATIONAL
AIRPORT LTD.
Exhibit R4(J)TRUE COPY OF INTERVIEW CALL LETTER DATED
07.05.2022 ISSUED BY GOVERNMENT OF KERALA.
Exhibit R4(K)TRUE COPY OF THE CERTIFICATE DATED 20.05.2021
ISSUED BY THE MANAGING DIRECTOR OF THE CIAL
TO THE 4TH RESPONDENT.

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PETITIONER EXHIBITS:
Exhibit P11A TRUE COPY OF THE RELEVANT PAGE OF THE
WEBSITE OF MINISTRY OF CORPORATE AFFAIRS
WHICH SHOWS THE CORPORATE IDENTIFICATION
NUMBER OF COCHIN INTERNATIONAL AIRPORT
LIMITED.
Exhibit P12A TRUE COPY OF THE RELEVANT PAGE OF THE
WEBSITE OF MINISTRY OF CORPORATE AFFAIRS

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WPC. No. 30806/2022

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	`WHICH SHOWS THE CORPORATE IDENTIFICATION`
	`NUMBER OF CIAL INFRASTRUCTURES LIMITED.`
`Exhibit P13`	`A TRUE COPY OF THE RELEVANT PAGE OF THE` `WEBSITE OF MINISTRY OF CORPORATE AFFAIRS` `WHICH SHOWS THE CORPORATE IDENTIFICATION`
	`NUMBER OF KERALA STATE ELECTRICITY BOARD` `LIMITED.`
`Exhibit P14`	`A TRUE COPY OF THE FIRST PAGE OF ANNUAL RETURN` `SUBMITTED BY CIAL IN MGT-7 FOR THE FINANCIAL` `YEAR 2021-2022.`
`Exhibit P15`	`A TRUE COPY OF THE FIRST PAGE OF ANNUAL RETURN` `SUBMITTED BY CIAL INFRA MGT-9 FOR THE` `FINANCIAL YEAR 2021-2022.`
`Exhibit P16`	`A TRUE COPY OF THE BROAD STRUCTURE (SECTIONS` `&` `DIVISIONS)` `OF` `THE` `'UPDATED` `NATIONAL` `INDUSTRIAL CLASSIFICATION-2004'.`
`Exhibit P17`	`A TRUE COPY OF THE DETAILED STRUCTURE OF THE` `'UPDATED NATIONAL INDUSTRIAL CLASSIFICATION-` `2004'.`
`Exhibit P18`	`A TRUE COPY OF THE EXPLANATORY NOTES WHICH` `EXPLAINS THE DIVISIONS OF THE 'UPDATED` `NATIONAL INDUSTRIAL CLASSIFICATION 2004'.`
`Exhibit P19`	`A TRUE COPY OF THE ELECTRICITY SUPPLY` `AGREEMENT TITLED 'AGREEMENT OF SUPPLY OF` `ENERGY (EXTRA HIGH TENSION)' BETWEEN KERALA`
	`STATE ELECTRICITY BOARD (KSEB) & COCHIN` `INTERNATIONAL AIRPORT LIMITED (CIAL).`
`RESPONDENT EXHIBI`	`TS:`
`Exhibit R2-A`	`A` `true` `copy` `of` `the` `Notification` `No.2082/Admn/2019/KSERC` `dated` `21.02.2022` `issued by 2nd Respondent`
`Exhibit R2-B`	`A true copy of the consolidated list of` `applicants containing name and address,` `Qualification, Experience and remarks`
`Exhibit R2-C`	`A true copy of the detailed career profile` `submitted by the 4th respondent`
`Exhibit R2-D`	`A true copy of experience Certificate dated`
	`16th March 2022 issued by the Managing` `Director, CIAL`

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WPC. No. 30806/2022

¶206

Exhibit R2-EA true copy of the appointment Order dated
05.04.2022 issued by 2nd respondent
Commission vide No.2082/Admn/2019
Exhibit R2-FA true copy of the Certificate dated
20.05.2021 issued by the then Managing
Director
Exhibit R2-GA true copy of the Certificate issued by the
Company Secretary of CIAL Infrastructures Ltd
dated 31.05.2022

James M David, v. the Government of Kerala

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What the court decided

James M David, v. the Government of Kerala

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