The Supreme Court Today (Oct 21) extended the tenure of former Delhi High Court judge Justice Jayant Nath as the interim chairperson of the Delhi Electricity Regulatory Commission (DERC) even after he attains the superannuation age of 65 years. In a bid to resolve the impasse between the AAP-led Delhi government and the office of Lieutenant Governor (LG), the top court, on its own, had appointed Justice Nath as the interim chairperson of the DERC on August 4, 2023.
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NEW DELHI: The Supreme Court on Monday declared that Justice Jayant Nath will continue to serve as the Chairman of the Delhi Electricity Regulatory Commission (DERC), despite surpassing the mandatory retirement age of 65.
A Bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, issued an order extending Justice Nath’s tenure.
Justice Nath, a former judge of the Delhi High Court, was initially appointed as the Chairperson of DERC on a temporary basis on July 20, 2023, following an impasse between the Delhi government and the Lieutenant Governor (LG) over the selection of a permanent chairperson.
The Supreme Court stepped in after the parties involved failed to agree on a candidate for the crucial post.
The extension of Justice Nath’s tenure came in response to a plea filed by the Delhi government. This plea challenged the appointment of former Allahabad High Court judge, Justice Umesh Kumar, to the role of DERC Chairperson.
The government argued that Justice Kumar’s appointment was based on the controversial Delhi Services Ordinance, which is currently under legal scrutiny. The Delhi Services Ordinance was challenged on the grounds that it violated the Supreme Court’s earlier Constitution Bench judgment regarding the control of services in Delhi.
On July 4, 2023, the Supreme Court had taken the step of deferring the swearing-in of Justice Umesh Kumar. In a subsequent hearing held on July 17, 2023, the Court encouraged both the Lieutenant Governor (LG) and the Aam Aadmi Party (AAP) government to jointly propose a suitable candidate for the Chairperson’s role at DERC.
However, since no consensus was reached between the LG and the Delhi government, the Supreme Court intervened and decided to appoint an ad hoc Chairperson.
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