New Delhi, Oct 21 The Supreme Court on Monday allowed Justice Jayant Nath to remain in office as Delhi Electricity Regulatory Commission (DERC) chairperson despite attaining a retirement age of 65 years.
After Delhi Lt Governor and CM failed to reach consensus on who should head the electricity tariff regulatory body, a bench headed by CJI DY Chandrachud, in August last year, had nominated Justice Jayant Nath, a former judge of the Delhi High Court to discharge the duties of the office of DERC Chairperson.
Now, to obviate any controversy, the top court clarified that Justice Nath will continue to discharge his functions as DERC chairperson despite having crossed the age of 65 years.
The Delhi Electricity Reform Act, 2000 provides that “every member shall hold office for a period of five years from the date of his appointment as a member or until the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment at any time after the expiry of his term of appointment.”
Earlier, the Supreme Court had directed the Delhi L-G to not administer the oath of office to the newly appointed DERC Chairman Justice Umesh Kumar, a former judge of Allahabad High Court.
In June last year, L-G V.K. Saxena had appointed Justice (Retd) Umesh Kumar as the DERC Chairman ignoring Delhi's government's recommendation to appoint retired Madhya Pradesh High Court judge, Justice Rajeev Kumar Shrivastava.
Against this, the Delhi government had moved the top court claiming that the appointment of the DERC Chairman was 'illegal and unconstitutional' and the appointment was made by 'overlooking' the aid and advice of the elected government.
It had challenged Section 45-A of the GNCTD Act giving overriding powers to the Lieutenant Governor over the elected government in appointment-related matters.
After Delhi L-G and CM failed to reach a consensus on a common name, the Supreme Court appointed a pro tem chairman to facilitate the functioning of the Delhi Electricity Regulatory Commission (DERC) till the disposal of the case.
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