Direction to get the long standing stay vacated

Questions regarding a raid by the enforcement team of a Discom and as to whether their actions, assessments were correct or incorrect were raised. The CIC noted that numerous second appeals/complaints are coming up for hearing related to DISCOMS where the it was earlier held that DISCOMS are Public Authority within the scope and meaning of RTI Act. The operation of the said order of CIC has been stayed on an appeal filed by the DISCOM through an interim injunction passed in the year 2007. The CIC noted with concern that matter is pending before the Hon’ble Delhi High Court since 2007, i.e. pending from 17 years, which is crossing almost a generation, which is of 25 years as given in The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. In the meantime, general public at large are facing numerous issues pertaining to public services provided by DISCOMS. In order to resolve such issues of general public, the Respondent Public Authority should approach the Apex Court for vacation of stay of order. The CIC further observed that in case of DISCOMS, large infrastructure of network of electricity lines was created using powers under the Indian Telegraph Act, 1885 for “Public Purpose”. Therefore, the urgency to get the interim injunction vacated needs no further emphasis. The PIO was directed to place a copy of this order before the Competent Authority for appropriate action in the matter.

Comments

Judicial delay are a matter of concern as noted by the CIC, more so when the matter to be decided is relatively simple. The advisory by the CIC to the Secretary / Head of the Department would hopefully expedite the matter. With privatization of basic amenities governing life and living like electricity supply, education, healthcare etc, some element of accountability has to be built in failing which the common man would suffer.

Citation: Rameshwar Dayal Gaud v. Delhi Electricity Regulatory Commission, CIC/DERCM/A/2023/148403; Date of Decision: 05.09.2024