- (1.) Instant writ petition under Article 226 of the Constitution of India has been preferred in the nature of quo.warranto against opposite party no. 3, who happens to be the Chairman, U.P. State Electricity Regulatory Commission. It is pleaded that under the statutory provision, he was not eligible for selection and appointment because of interest involved in the State of U.P. of M/s J.P. Power Ventures Ltd. of which he was Vice President.
(2.) The petitioner is General Secretary (Jal Vidyut Ikai) (Uttar Pradesh Vidyut Mazdoor Sangh) of an employees' association of the same establishment. The petitioner states that he has concern for the purity of system. It is stated that on his request the scam involving Rs. 5000/. crores was referred for C.B.I. inquiry by the Chief Minister of the State on 2.3.2008. According to learned counsel for the petitioner, the post of Chairman, State Electricity Regulatory Commission (in short Commission) fell vacant on 21.10.2008. The selection committee was constituted by the Government of Uttar Pradesh on 22.12.2008 comprising of three members headed by a retired judge of the High Court and two other members, i.e., Chief Secretary of the State of U.P. and Chairman of the Central Electricity Commission. Thirty persons had applied for the post including respondent no. 3.Rajesh Awasthi and the meeting of the selection committee was convened on 26.12.2008. The selection committee selected two persons, out of thirty, namely, Rajesh Awasthi and one Anil Kumar Asthana and sent the name to the Government. However, while sending the name, the selection committee put a rider that in case the State took a decision to appoint respondent no. 3, then the compliance of the provision contained in sub.section (5) of Section 85 of the Electricity Act, 2003 ( in short the Act) be ensured. In pursuance to the request made under the RTI Act, the information with regard to selection was given to one Shri Suresh Chandra Sharma.
(3.) The qualification with regard to post of Chairman State Regulatory Commission as provided under sub.section (3) of Section 3 of U.P. Electricity Reforms Act, 1999 is as under:. "The Commission shall consist of a Chairperson and two Members to be appointed by the State Government from amongst the persons possessing the following qualifications:. (a) one person having Bachelor's Degree in Engineering with experience of not less than twenty.five years in the field of generation, transmission, or supply of electricity and having worked for at least two years on the post of a Chief Engineer or on any other post equivalent thereto in a State Electricity Board or any other utility; (b) one person having Bachelor's Degree with experience of not less than twenty.five years in the field of administration and having held a post of Additional Secretary to the Government of India or a post equivalent thereto under the Central or the State Government having at least five years experience in one or more departments of finance, power, industry and commerce of Government; (c)one person having Bachelor's Degree in any discipline of Economics, Commerce, Accountancy, Law or Management with experience of not less than twenty.five years and having worked as a Professor in an Indian Institute of Management or as a whole time Director in a Public Financial Institution specified under Section 4.A of the Companies Act, 1956 or as whole time Director in a Scheduled Bank within the meaning of the Reserve Bank of India Act, 1934 or as a Joint Secretary to the Government or India or a District Judge or has held any other post equivalent thereto.";