Supreme Court Criticises OERC For Challenging APTEL’s Order, Says Quasi-Judicial Body Can’t Be Aggrieved With Appellate Body’s Order

Case: GRIDCO Ltd. V. Western Electricity Supply Company

Coram: Justice Sanjay Kishan Kaul and Justice Abhay S Oka

Case No.: Civil Appeal No.414 of 2007

Court Observation: we have serious doubt about the propriety and legality of the act of the Commission of preferring appeals against the orders of the Appellate Tribunal in appeal by which its own orders have been corrected. The Commission cannot be the aggrieved party except possibly in one appeal where the issue was about the non-compliance by the Commission of the orders of the Appellate Tribunal. If the Commission was exercising legislative functions, the position would have been different

“Therefore, when we consider the challenge to the decisions of the Commission and the Appellate Tribunal, we must keep in mind that the decisions are of a body of experts. This limitation is apart from the constraints of Section 125 of the Electricity Act of entertaining an appeal only on a substantial question of law. Therefore, this Court will normally be slow in interfering with the factual findings recorded by the Commission and/or by the Appellate Tribunal,”

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Keywords

Supreme Court Criticises OERC, Quasi-Judicial Body Can’t Be Aggrieved With Appellate Body’s Order