'Will appoint somebody on ad-hoc basis, nobody cares about the institution’, says SC on DERC chairman post

The Supreme Court on Thursday said it can appoint somebody ad-hoc as Delhi Electricity Regulatory Commission (DERC) chairman since the Delhi government and Lieutenant Governor failed to arrive at consensus over a name of a retired High Court judge for the position.

Having noted the deadlock, the top court rued it is “sad that nobody cares about what happens to the institution”, and that it is very embarrassing for the judges as they should not be doing this.

A bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and Manoj Misra said that the court will appoint a person for the post as an ad-hoc arrangement till the issue is finally decided.

The court clarified that it will be an interim arrangement.

Read | Rise above 'political bickering': SC to Delhi L-G, Kejriwal over DERC chief selection

“We can appoint somebody. We can ask somebody to do the duties of that office. We appoint somebody ad-hoc till the disposal of the matter,” the bench said.

During the hearing, the bench said that it is sad that parties are fighting, while the institution has been headless.

"The court cannot appoint somebody unless both sides agree, and it is very embarrassing for us we should not be doing this," the bench said.

Solicitor General Tushar Mehta, representing the central government, said the institution should not stay headless. He said the court can decide the matter and that would not be a problem.

Senior advocate Harish Salve, representing the Lieutenant Governor of Delhi, said the President has appointed DERC chairman and either the court will hear and pass an order against it, or he will continue to be the chairman.

Senior advocate A M Singhvi, appearing for the Delhi government, said this is a constitutional matter and it can be decided after a few weeks, and no ad-hoc decision is needed.

He said three names were suggested first and two names were further put forward, but these five names did not work.

Salve said the chairperson should continue subject to court's decision and there is a presidential order appointing a chairperson of the DERC.

"It is very rare that a presidential order is stayed," he said.

The bench suggested the counsel to give names of five judges of the Delhi High Court.

"We will select a name,” the bench said, adding it would have to do some homework before it.

Mehta reported that one party has said, “We don't even trust the Supreme Court”.

The bench fixed the matter for further hearing in the first week of August.

On July 17, the Supreme Court asked the Delhi Chief Minister and Lieutenant Governor of Delhi, the two constitutional functionaries, to sit down and decide on the name for chairperson of DERC by rising above the political bickering.

On July 4, the Supreme Court had prevailed upon the Delhi government to defer the oath taking of former Allahabad High Court Judge, Justice Umesh Kumar, as the Chairperson of the Delhi Electricity Regulatory Commission (DERC).

The Delhi government questioned the unilateral decision taken by the Lieutenant Governor in selecting Justice Kumar to the post without taking its concurrence.

The post of DERC chairman has been lying vacant since incumbent Justice Shabihul Hasnain, former judge of the Allahabad High Court, attained 65 years of age on January 9, 2023.