SC allows continuation of former Delhi HC judge, Justice Jayant Nath as Chairperson of Delhi Electricity Regulatory Commission despite crossing age limit

Chief Justice Chandrachud said Justice Nath was familiar with the job and it would be convenient to have him continue

The Supreme Court on Monday (October 21, 2024) directed that former Delhi High Court judge, Justice Jayant Nath, to continue as Chairperson of the Delhi Electricity Regulatory (DERC) Commission, regardless of the fact that he has crossed the age limit of 65 years.

A three-judge Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud passed the order on a plea by the Delhi Government.

Appearing for the Office of the Lieutenant Governor, Additional Solicitor General Sanjay Jain said they were agreeable to both alternatives — the continuation of Justice Nath in the post, or naming others for the job in case the age limit of 65 years was sacrosanct for the apex court.

CJI Chandrachud said Justice Nath was familiar with the job and it would be convenient to have him continue.

The court had zeroed in on Justice Nath as pro tem DERC chairperson in an order on August 4, 2023.

The Supreme court had been compelled to intervene after the DERC had remained headless for months due to a deadlock between the Lieutenant Governor and the Delhi government over the appointment.

Originally, the Delhi government had approached the top court, criticising the L-G for stalling the appointment of the DERC head for months, and finally choosing his own candidate as the DERC head.

On July 4, 2023 the Supreme Court had stepped in to defer the swearing-in of former Allahabad High Court judge, Justice Umesh Kumar, as the DERC Chairperson.

The Delhi Government had also separately challenged the validity of a Central ordinance, giving the L-G power over the Civil Services, and appointments in tribunals and commissions.

The Supreme Court had referred the challenge to the ordinance to a Constitution Bench.

Published - October 21, 2024 07:24 pm IST