SC allows CERC to pass orders on 174 reserved cases, resume administrative operations

• The apex court has also allowed the two CERC Members — former Power Grid Chairman IS Jha and former bureaucrat Arun Goyal — to resume office

• However, the SC has stated that adjudicatory functions will only commence after a Member (Law) has been appointed

New Delhi: The Supreme Court (SC) has allowed the Central Electricity Regulatory Commission (CERC) to resume administrative operations and pass orders on 174 reserved cases after a gap of over four months. The apex court order, which came on Wednesday, has also allowed the two CERC Members — former Power Grid Chairman IS Jha and former bureaucrat Arun Goyal — to resume office. However, the SC has stated that adjudicatory functions will only commence after a Member (Law) has been appointed. 

The SC verdict comes as a relief as it will allow CERC to clear reserved pending cases, several of which have kept power project and infrastructure developers in a fix. 

The backdrop

In December 2020, the Appointments Committee of the Cabinet (ACC) had approved the appointment of Pravas Kumar Singh as Member (Law) but he is yet to take charge. In April 2018, the SC had directed state electricity commissions to appoint a Member from the field of law with qualifications of a high court or district judge. In line with the order, the Centre had floated vacancies for the appointment of Member (Law) in April 2019 and October 2019. However, the process was put on the backburner after the selection committee could not find suitable candidates.

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The CERC had suspended hearings since August 28 after the Supreme Court asked two members of CERC to go on leave until the time Member (Law) is appointed. The SC order was based on the fact that the quorum for hearing should consist of two members, besides the CERC Chairperson.

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