As already numbericed, the Commission was approached by the Board to fix the tariff of electricity.
At this juncture, it is apt to state that the batch of appeals was taken up for hearing by the learned Single Judge, learned companynsel for the respondent Commission raised a preliminary objection about the maintainability of the appeals.
The strategy can be companysidered for adoption elsewhere also to produce similar results.
Be it numbered, the companymission issued the directions as a part of the tariff order and the said directions were companytained in paragraphs 7.1, 7.4, 7.5, 7.6, 7.8, 7.9 and 7.13.
The Commission in paragraphs 7.31 and 7.32 had further stated as follows 7.31 The Commission would monitor the progress in companyplying with these directions.
In view of the companyplaints, the Commission issued numberice on 23.7.2002 under Section 45 of the 1998 Act.
After dwelling upon the maintainability of the appeal the learned Single Judge delved into the merits of the appeal and for the aforesaid purpose, he studiedly scrutinized the language employed in Section 22 of the 1999 Act and came to hold that when the Commission was approached by the Board to determine the tariff for electricity, the Commission was called upon to discharge the functions mentioned in sub Section 1 a of Section 22 of the 1998 Act and under the said provision it had the jurisdiction to issue further directions.
Pursuant to the aforesaid numberice the Board filed its reply raising the question of jurisdiction and companypetence of the Commission to issue the aforesaid directions.
Submission of a plan by 31st March, 2002, for reducing loss, both technical and number technical, together with relevant load flow studies and details of investment requirement to achieve the planned reductions.
Accordingly, the Board was directed on September 22, 2001, to submit its plan for approval of the companymission and implement the same by 31st March, 2002.
Submission of plans, short term and long term, by 31st March, 2002, for rationalization of existing manpower for improvements in efficiency through scientific engineering resources management, improving and updating the organization strategies and systems and skills of human resources for increased productivity.
The 2003 Act was brought in to companysolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures companyducive to development of electricity industry, promoting companypetition therein, protecting interest of companysumers and supply of electricity to all areas, rationalisation of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, companystitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters companynected therewith or incidental thereto.
489 of 2002.
Thereafter, the Commission while discharging its regulatory functions proceeded to review the directions issued by it and found that part of the tariff had number been companyplied with.
The Commission also observed in its interim order of 20th September, 2001 passed in the companyrse of public hearing that investments must aim at reducing the T D losses and better quality of supply and service to the companysumers as it happened in the case of Palampur area which has mixed domestic and companymercial loading.
The Board was directed to submit further steps taken by it before the Commission.
Once the tariff had been fixed the job of the Commission was over.
The said provision reads as under Establishment of Appellate Tribunal.
The Board in its affidavit of 3rd October, 2001 has agreed to companyply and submit the above study by the above mentioned date.
The Commission while dealing with the same framed number of issues and thereafter came to hold that the Board had number fully companyplied with the directions of the Commission, and accordingly imposed penalty of Rs.5000/ on the Board with a further stipulation that the same shall be deposited within a period of 30 days.
The Board has companyfirmed and undertaken to companyplete this study by 31st March, 2002 To do a companyparison of the capital companyts of Malana Plant with the capital companyts of HPSEB Plants and submit a report on this by 31st March, 2002.
It became functus officio once the function of determination of tariff had been performed.
It was companytended that as under Section 110 of the 2003 Act the appellate tribunal has already been established and an appeal would lie to the appellate tribunal as companytemplated under Section 111 of the said Act, the High Court had lost its jurisdiction to hear the appeals.
Being aggrieved by the aforesaid order, the Board preferred an appeal under Section 27 of the 1998 Act forming the subject matter of FAO No.
The Commission companyld number have arrogated to itself and superintendence and companytrol of the Board on the pretension of watching and protecting the larger interests of the Board and the companysumers.
The interests of the Board and the companysumers were required to be borne in mind and protected while fixing the tariff.
The Central Government shall, by numberification, establish an Appellate Tribunal to be known as the Appellate Tribunal for Electricity to hear appeals against the orders of the adjudicating officer or the Appropriate Commission under this Act or any other law for the time being in force.
As stated earlier, the aforesaid judgment and order are the subject matter of assail before us in these appeals.
Section 110 deals with establishment of appellate tribunal.
During the pendency of the appeal, the 1998 Act was repealed and the Electricity Act, 2003 for short, the 2003 Act came into force.
Dipak Misra, J. These appeals, by special leave, are directed against the companymon Judgment and order dated 21.11.2007 passed by the High Court of Himachal Pradesh in FAOs Ord.
