In a jolt to the Sheila Dikshit-led Delhi government, Solicitor General Gopal Subramanium has opined that it has no powers to restrict Delhi Electricity Regulator Commission from announcing its power tariff order for the year 2010-11. The DERC was asked by the city government not to announce new tariff order earlier, when it was about slash power tariff reportedly by about 20 per cent.
The Solicitor General has remarked in his letter to the DERC: “The direction contained not to pass tariff order unless a go ahead has been given by the state government amounts to placing a fetter on a quasi-judicial function. Such a direction is ultra vires and therefore void.” The DERC had sought the opinion of Mr Subramanium on the legality of city government’s direction.
The DERC, in another letter to the Delhi government on Friday, has stated that the tariff orders for all the discoms must be issued, without any further delay. The new power tariff order is now likely to be announced soon. The Solicitor General in his letter to the DERC also cited various Supreme Court rulings while giving his opinion on the issue. “It will be improper for the DERC to disclose details of its quasi-judicial activities or details of the tariff order that is about to be passed,” Mr Subramanium has said.