States » NorthPosted at: Oct 28 2026 8:42PM


Himachal HC quashes rejection of panel for electricity regulator chief, orders appointment by Nov 10

Bhawani NegiShimla, Oct 28 (UNI)
The Himachal Pradesh High Court has quashed the state government's decision to reject a selection committee's recommendations for the Chairman of the Himachal Pradesh Electricity Regulatory Commission (HPERC), holding that the decision was arbitrary and beyond the government's powers under the Electricity Act, 2003.
A Division Bench of Justices Vivek Singh Thakur and Bhupesh Sharma allowed a petition filed by Pankaj Rai, a serving IAS officer currently posted as Deputy Director (Administration) at PGIMER, Chandigarh, and directed the state government to complete the appointment process from the panel recommended on September 14, 2025, by November 10, 2026.
The court set aside the government's decision dated September 16, 2025, and the subsequent notification rejecting the panel.
The dispute arose after the state advertised the post on August 14, 2025, attracting 16 applications.
A selection committee headed by retired Justice V K Sharma, with Jishnu Barua as its other member, interviewed 12 candidates on September 14.
The Chief Secretary, who would ordinarily have been the third member, withdrew from the committee after applying for the post himself.
The two-member committee unanimously recommended Rai and Rajiv Sood without assigning any order of preference. The Chief Minister subsequently rejected the panel.
Defending its decision, the state government argued that empanelment did not confer an automatic right to appointment and that the rejection was a policy decision taken in public interest. It also contended that the post required seniority and standing, pointing out that some applicants belonged to senior IAS batches, while Rai was from the 2014 batch.
The government further raised objections concerning the constitution of the selection committee, the absence of reasons for its recommendations, conflict-of-interest declarations and the manner in which Rai's application was forwarded.
Rejecting these arguments, the High Court observed that the Electricity Act did not require the selection committee to be constituted before the advertisement was issued. It noted that the committee had proceeded with interviews, thereby impliedly ratifying the process, and said any serious defect should have led to withdrawal of the advertisement.
The bench also held that the committee had considered the candidates' qualifications and experience and was not required to prepare a comparative merit sheet. Its records showed that applicants had submitted declarations regarding conflicting interests, satisfying the requirement under Section 85(5) of the Act.
On the issue of seniority, the court said Section 84(1) covered experience in engineering, finance, commerce, economics, law and management and did not reserve the chairperson's post for senior IAS officers.
Length of service alone could not determine a candidate's knowledge or capacity, it observed.
The court held that under Section 82(5), the government could appoint either of the two recommended candidates but could not reject the panel merely because it considered other applicants more suitable or senior.
Finding that the government had misinterpreted the law and exercised powers not available to it, the bench termed the action "legal mala fide" and held it violative of Article 14 of the Constitution, which guarantees equality before law. It clarified that no personal malice had been alleged and did not decide the petitioner's claim regarding possible influence by the Chief Secretary.
The state must now appoint either Rai or Sood by November 10, 2026, though it may challenge the ruling before the Supreme Court.
UNI BN
Tags: #Himachal HC quashes rejection of panel for electricity regulator chief# orders appointment by Nov 10
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