Rtd HC judge Umesh appointed DERC chairman

New Delhi: Former Allahabad High Court judge Umesh Kumar appointed the Delhi Electricity Regulatory Commission chairman by the President, a move likely to fuel a fresh tussle between the LG and the AAP government as Chief Minister Arvind Kejriwal had suggested another retired judge for the post.

A late-night statement issued by the lieutenant governor’s office said Justice Umesh Kumar (retired) has been appointed the DERC chairman by President Droupadi Murmu in the exercise of powers conferred by Section 45(b) of the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, read with sub-section 2 of Section 84 of the Electricity Act, 2003. Chief Minister Kejriwal had in January recommended the name of retired high court judge Rajeev Kumar Srivastava for appointment as the chairperson of the power regulator.

The LG office statement, however, said the appointment of Umesh Kumar comes as Shrivastava expressed his inability to take the charge due to “family commitments and requirements” through a communication on June 15. Reacting sharply to the development, the Kejriwal government’s power minister Atishi dubbed the appointment of Justice Kumar (retired) as “illegal and unconstitutional”.

The Supreme Court has repeatedly stated that on all subjects other than land, public order and police, the aid and advice of the elected government is binding, Atishi said in a statement. Electricity is a transferred subject falling under the jurisdiction of the elected government, she asserted. Atishi also said that the chief minister had recommended the name of Justice Sangeet Lodha (retired) for the post of the DERC chairperson on June 21. “The President wilfully ignored and overlooked the aid and advice of the elected government on a transferred subject and appointed someone else for this post. This unconstitutional and illegal decision by the Hon’ble President of India is extremely unfortunate and the Government of NCT of Delhi shall challenge this in the Hon’ble Supreme Court,” the statement said.

The AAP government will move the Supreme Court against the appointment of Umesh Kumar as the DERC chairman, Power Minister Atishi said on Thursday.

Addressing a press conference, she said the government had recommended the name of Justice (retd) Sangeet Lodha for the post on June 21. However, it was “sidelined and former Allahabad High Court judge Umesh Kumar was appointed as the chairman by the BJP-led Centre. This has been done to ‘trouble’ the elected government of Delhi. In the coming days, we will approach the Supreme Court against this ‘illegal’ appointment,” she said.