‘Fine’ on Power Utilities
Examining case, says HERC chief
Geetanjali Gayatri
Tribune News Service

Chandigarh, February 20
Announcing, withdrawing and, finally, examining - that’s the path the Haryana Electricity Regulatory Commission (HERC) has chosen to examine the fine of Rs 1 lakh each on the power utilities and on their two Managing Directors at a public hearing held on February 18.

Speaking to The Tribune, the Chairman of HERC, Bhaskar Chatterjee, admitted that a statement for imposing a fine under Sections 142 and 146 of the Electricity Act-2003 had been made at the public hearing. However, the issue of “misleading” the commission and the delay in implementation of orders was now being looked into.

“We are examining if the case in question is fit for slapping the two sections against the power utilities and the MDs or not. The procedure is to first serve a notice and wait for a reply before holding them guilty. We are looking into this. No member has any right to go right ahead and impose the fine and that, too, at a public hearing. We get lots of representations and there may be deficiency of service on the part of the distribution companies but we have to follow the rules,” Chatterjee said.

He maintained that HERC, in the past, had invoked Section 142 of the Electricity Act-2003 and used it as a weapon to ensure that the power utilities fell in line. “This is neither the first time nor the last time that we have threatened to invoke the sections available under the Act. Usually, a mere threat is enough to ensure that the distribution companies comply with our orders,” he claimed.

However, HERC member Tej Singh Tewatia, who “announced” the fine and claims to have had the support of another member, rubbishes such reasoning and says, “They are only misleading the consumers and trying to buy time. What can I say if one member chooses to backtrack from his statement. I am shocked that a clerk in HERC clarified the imposition of fine and the procedure. I have been a member since February 2005. Don’t I know the rule book? Let them come out in the open and discuss the issue threadbare and I will show them I am right,” he claimed.

Slated to retire on February 24, Tewatia says, “I know they are waiting for me to retire and replace by a Congress appointee. However, I, too, have drafted my order on the issue so that the ‘guilty’ do not get away with impunity.”

Another member, Rohtash Dahiya, refused to comment. Chatterjee and Dahiya were appointed by the Congress government after it came to power while Tewatia was appointed a member of the commission by the Indian National Lok Dal government in 2005.