AMOL PRABHAKAR JOSHI Vs. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard the learned counsel for the parties at length.

(2.) The petitioner seeks issuance of a writ of quo warranto against the second respondent who is holding the post of Electricity Ombudsman (Nagpur) under the Maharashtra Electricity Regulatory Commission (Consumer Grievances Redressal Forum and Electricity Ombudsman) Regulations, 2006 read with the provisions of the Electricity Act, 2003.

(3.) The facts giving rise to the present proceedings are that on 21/12/2018 an advertisement was issued on behalf of the Maharashtra Electricity Regulatory Commission (for short, 'MERC ') stating therein that MERC had decided to fill up the post of Electricity Ombudsman (Nagpur). Applications were invited from amongst (i) retired Judge of the High Court or (ii) retired Secretary to the Government, or (iii) retired Chief Executive Officer of Electricity Utilities. The applications were to be submitted by 18.00 hours on 16/1/2019. The petitioner who retired from the post of Secretary, Ministry of Urban Department, Government of Maharashtra as well as the second respondent alongwith seven others had applied for being considered for appointment to the post of Electricity Ombudsman. On 22/3/2019 the second respondent was appointed to the said post with effect from 25/3/2019. The petitioner sought information under the provisions of the Right to Information Act, 2005 in the matter of the application submitted by the second respondent. The petitioner was provided with a statement reflecting the applications received for consideration for appointment on the post of Electricity Ombudsman (Nagpur). The same indicated that of the nine applications received, three applicants including the petitioner and the second respondent were found eligible for such appointment. It was stated that the second respondent had retired as Member of MERC and that the status of the Member of MERC was equivalent to that of the Principal Secretary of the State Government. On receiving this information the petitioner has filed this writ petition seeking writ of quo warranto principally on the ground that the second respondent was ineligible to hold the public office of Electricity Ombudsman (Nagpur) for want of requisite prescribed qualifications.