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LG sets aside DERC chief's appointment by AAP govt

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Signalling a renewed run-in with the AAP government, the Lieutenant Governor Najeeb Jung on Wednesday set aside the appointment of the power regulator by the city government on grounds of legal infirmities.

Delhi Electricity Regulatory Commission chairperson Krishna Saini would cease to sign official files or occupy his office after the Raj Niwas order.

The LG's decision came on a day when Chief Minister Kejriwal announced a special session of the Assembly to discuss his name's inclusion in a corruption FIR and blamed Prime Minister Narendra Modi for the conspiracy.

Last month, Jung also shifted two officials handpicked by the AAP government to head the Public Works Department and the Health Department to "correct" illegalities.

A Raj Niwas statement on cancelling the DERC chief's appointment said: "The elected government has been directed to initiate the process for selection of chairperson, de-novo immediately, in accordance with law."

"As the constitution of the selection committee as well as the appointment of the chairperson, DERC, was done without putting up the matter to the Lt. Governor at any stage, for his views and concurrence, the entire process of appointment of DERC Chairperson has been vitiated right from the beginning and suffers from serious legal infirmities," it said.

Sources said the appointment was set aside as all the decisions by Saini could become open to judicial challenge due to infirmity in his appointment.

Raj Niwas officials did not rule out the possibility of Jung agreeing to appoint Saini on the same post if the AAP government follows the legal process of seeking approval of Raj Niwas before issuing the notification on the appointment.

"In the case of appointment of Delhi Commission for Women chief Swati Maliwal, the posting was approved once the file was put up before the LG through the formal route," said an official.

The Raj Niwas statement said the council of ministers constituted a Selection Committee to select the chairperson and members of DERC without the approval of the LG, which is mandated as per rules.

As per Section 85, Electricity Act, 2003, the Selection Committee is to be constituted by the state government. The power and functions of the state government have been delegated to the LG vide Government of India notification dated February 20, 2004.

The DERC is a statutory body discharging important functions and illegalities in the appointment of chairperson are bound to have legal and other repercussions, said the Raj Niwas.Signalling a renewed run-in with the AAP government, the Lieutenant Governor Najeeb Jung on Wednesday set aside the appointment of the power regulator by the city government on grounds of legal infirmities.

Delhi Electricity Regulatory Commission chairperson Krishna Saini would cease to sign official files or occupy his office after the Raj Niwas order.

The LG’s decision came on a day when Chief Minister Kejriwal announced a special session of the Assembly to discuss his name’s inclusion in a corruption FIR and blamed Prime Minister Narendra Modi for the conspiracy.

Last month, Jung also shifted two officials handpicked by the AAP government to head the Public Works Department and the Health Department to "correct” illegalities.

A Raj Niwas statement on cancelling the DERC chief’s appointment said: "The elected government has been directed to initiate the process for selection of chairperson, de-novo immediately, in accordance with law.”

"As the constitution of the selection committee as well as the appointment of the chairperson, DERC, was done without putting up the matter to the Lt. Governor at any stage, for his views and concurrence, the entire process of appointment of DERC Chairperson has been vitiated right from the beginning and suffers from serious legal infirmities,” it said.

Sources said the appointment was set aside as all the decisions by Saini could become open to judicial challenge due to infirmity in his appointment.

Raj Niwas officials did not rule out the possibility of Jung agreeing to appoint Saini on the same post if the AAP government follows the legal process of seeking approval of Raj Niwas before issuing the notification on the appointment.

"In the case of appointment of Delhi Commission for Women chief Swati Maliwal, the posting was approved once the file was put up before the LG through the formal route,” said an official.

The Raj Niwas statement said the council of ministers constituted a Selection Committee to select the chairperson and members of DERC without the approval of the LG, which is mandated as per rules.

As per Section 85, Electricity Act, 2003, the Selection Committee is to be constituted by the state government. The power and functions of the state government have been delegated to the LG vide Government of India notification dated February 20, 2004.

The DERC is a statutory body discharging important functions and illegalities in the appointment of chairperson are bound to have legal and other repercussions, said the Raj Niwas.

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