भोपाल। रिटायर्ड आईएएस श्री राकेश साहनी की NVDA ने चेयरमैन के रूप में की गई नियुक्ति को जबलपुर के वकील श्री एसके सिंह ने नियम विरुद्ध बताया है। इस मामले में उन्होंने अपने तर्क भी प्रस्तुत किए हैं, आप भी पढ़िए एडवोकेट श्री सिंह का यह खुलाखत:
Dt.18th July 2015
Subject- flouting of rules in taking over charge of N.V.D.A. chairman.
R/sir,
1) This is a classic case of Conflict of Interest and flouting of rules in which a Retired IAS Chief Secretary of Government of Madhya Pradesh Mr Rakesh Sahni has on 16.7.2015 taken over as Chairman of a Government body (NVDA) after having already served post retirement, firstly for five years as the Chairman of the State Electricity Regulatory Commission in MadhyaPradesh for five years from 2010 to January 2015. Ref-http://www.freepressjournal.in/rakesh-sahni-takes-over-as-nvda-chairperson/
The appointment terms and conditions of the Members(including Chairman ) of State Electricty regulatory Commission are governed by the The Electricity Act 2003 as per the website http://www.mperc.nic.in/form.htm of the commission. The provisions of this Act are as under-
Ref- http://www.mperc.nic.in/EA2003.pdf for the full ACT)
(2) The Electricity Act 2003- Section 89(5) reads as follows –
89(5) Any member ceasing to hold office as such shall –
(a) not accept any commercial employment for a period of two years from the date he ceases to hold such office; and
(b) (b) not represent any person before the Central Commission or any State Commission in any manner.
Explanation. - For the purposes of this sub-section "commercial employment” means employment in any capacity in any organisation which has been a party to the proceedings before the Appropriate Commission or employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in electricity industry and includes a director of a company or partner of a firm or setting up practice either independently or as partner of a firm or as an advisor or a consultant.
A bare reading of the provisions of section 89(5a) and the Explanation clearly indicate that a member, after his tenure in the commission is over, can not accept any employmentfor a period of two years in an organization, which has its cases before the same regulatory commission. State Government and Narmada Valley Development Authority have both been a party in several cases before this Stae Regulatory Commission regularly and even Mr. Sahni has been hearing these cases. It is clear even from the NVDA website which shows its applications and orders of the regulatory commission which can be seen at
where on application of the NVDA a public hearing was scheduled on 12/1/2011 in the Commission and a notice thereof is displyaed since years on NVDA website. Mr Sahni took over as the Chairman of Regulatory Commission in September 2010
(Refer website http://zeenews.india.com/news/madhya-pradesh/sahni-sworn-in-as-the-chairman-of-mperc_656782.html)
.Hence it was Mr Sahni who was hearing the cases of NVDA. Hence there is no doubt that NVDA has been appearing at the commission hearing in terms of the meaning of the section 89 and Mr Sahni who was hearing these cases is therefore clearly debarred from accepting this assignment. He has ceased to be a member of the commission only in January 2015 and hence can not accept any employment under the State Govt. leave alone NVDA, as the whole State Govt has been a party before Mr Sahni as the Chairman of the commission just six months back. These cases include electricity rate fixation cases for sale/purchase of the electricity generated by State power projects including NVDA projects which include Sardar Sarovar Project, Indira sagar Project, Omkareshwar Project, Bargi Canal Bed Power Houses and River Bed Project and Indira Sagar Canal Head Power Houses and thermal power projects of the Energy Department. Regulatory commission has been determining the rates for all these State projects and also for NVDA projects since many years and Mr Sahni has been sitting as Chairman.
In addition to this several other disputes are also under adjudication before this commission in which State or NVDA is a party. It is worth noting that NVDA is neither a company nor an autonomous body but its just a statutory body created by an executive resolution of the State. Hence it’s a part of the State.
3) Shri Sahney was till January 2015 Chairman of the MP State Electricity Regulatory Commission. Hence in view of the bar imposed by section 89( a) he can not accept an employement in the State Government or NVDA. Yet he has taken over as Chairman of the Narmada valley Development Authority on 16.7.2015.
This is a classic case of conflict of interest in employment under the Government which was a party before him six months back, in brazen violation of the provisions of the ACT.
It is requested to kindly take up this case.
S.K Singh (Advocate)
Right Town
Jabalpur