Controversy Surrounds the Establishment of Inquiry Commission on Power Purchases and Power Plants and KCR Challenges Inquiry Commission Jurisdiction
Former Chief Minister and BRS leader KCR has challenged the establishment of an inquiry commission into the decisions made by the previous government regarding power purchases from Chhattisgarh and the construction of Bhadradri and Yadadri thermal power plants.
Authority Beyond State Government’s Jurisdiction
KCR argues that the state government lacks the authority to set up such a commission. He has stated that the power to review and investigate power purchases and supply agreements lies solely with the State Electricity Regulatory Commission (SERC). According to KCR, the commission’s establishment contradicts the Electricity Act and the Commissions of Inquiry Act.
Legal Grounds for Petition
In his petition filed on Tuesday, KCR claims that the Government Order (GO) issued by the state energy department on March 14, which appointed Justice L. Narasimha Reddy as the chairman of the inquiry commission, violates the legal boundaries set by the Electricity Act, sections 61, 62, and 86. He asserts that only the SERC has the jurisdiction to oversee matters related to power purchases and supply agreements. The petition also emphasizes that the commission’s inquiry lacks impartiality and violates principles of natural justice.
Commission’s Appointment and Legal Conflicts
KCR has outlined in detail why the appointment of the commission is unconstitutional. He mentions that despite his comprehensive letter stating the illegality of the commission’s establishment, Justice Narasimha Reddy continued to hold the position. The commission’s proceedings on March 19, which requested KCR to appear and present evidence, are also deemed illegal by him, citing the 1952 Commissions of Inquiry Act.
Comprehensive Legal Arguments Presented
The petition includes several key points:
- All necessary permissions for the establishment of power plants were obtained under the Electricity Act of 2003.
- The SERC is the authorized judicial body to conduct comprehensive investigations and issue directives, which are protected from government intervention.
- Any objections regarding SERC’s decisions should be raised during public hearings or appealed to the Appellate Tribunal and the Supreme Court.
Lack of Beneficial Outcomes from Providing Details
KCR argues that there is no need for an investigation into SERC’s decisions. He criticizes Justice Narasimha Reddy for holding a press conference before KCR could respond to the notice, stating that such actions compromise the principles of natural justice. The claims made about the non-existence of power plants in Chhattisgarh and the alleged losses due to sub-critical technology used in the Bhadradri project are viewed as premature and biased.
Political Motives Behind the Commission
The petition suggests that the current government’s establishment of the commission is politically motivated, aiming to discredit the previous administration. KCR highlights that the SERC had already addressed objections raised by then MLA A. Revanth Reddy, who did not pursue further appeals at the time. However, after becoming Chief Minister, Revanth Reddy used his position to set up the inquiry commission. KCR argues that inquiry commissions should only be established for matters of public interest, not for political retribution.
Call for Cancellation of Government Order and Notice
KCR has requested the High Court to annul the GO and the notice issued by the commission. He asserts that the commission’s establishment and its proceedings are legally flawed and driven by ulterior motives to tarnish the previous government’s reputation.
