Further, it was also pointed out that the procedure laid down in U.P. Electricity Regulatory Commission Appointment and Conditions of Service of the Chairperson and Members Rules, 1999 for short the 1999 Rules were also number companyplied with before initiating the selection process.
Appellants qualification, experience and the fact that he was the Joint President of J.P. Power Ventures Ltd., was also indicated.
The appellant questioned the locus standi of the first respondent and companytended that he was number an aspirant for the post and that the writ petition was filed after a period of more than two years after his assumption of charge as Chairperson of the Commission.
The meeting of the Selection Committee was held on 26.12.2008 and Selection Committee selected two persons on merit, namely, the appellant and one Mr. Amit Kumar Asthana.
Elec Trg.
The first respondent herein who was the General Secretary, Jal Vidyut Unit, filed a writ petition before the High Court of Allahabad, Lucknow Bench seeking a writ of quo warranto, challenging the appointment of the appellant on various grounds.
The post of the Chairperson of the Commission fell vacant on 21.10.2008.
The government appointed the appellant as the Chairman of the Commission on 29.12.2008.
The appellant on that date sent a letter to the State Government stating that he had resigned from his previous assignments on 27.12.2008 and severed all his links with the private sector as required under Section 85 of the Act.
Thirty persons applied for the post including the appellant.
D.G. 36 Years UPSEB Agarwal 949 Elec.
Panel of two names was forwarded by the Selection Committee to the government of U.P. with an asterisk against the name of the appellant stating that if he was appointed, the government would ensure first that the provisions of sub section 5 of Section 85 of the Act would be companyplied with.
