Power Employees & Engineers Seek Removal of ‘Tainted’ Member from HERC Expert Committee; Challenge Committee’s Constitution in Parallel Distribution Licence Case
Power Employees & Engineers Seek Removal of ‘Tainted’ Member from HERC Expert Committee; Challenge Committee’s Constitution in Parallel Distribution Licence Case
Chandigarh/Lucknow, July 17
The All India Power Engineers Federation (AIPEF), Electricity Employees Federation of India (EEFI), and Haryana Power Engineers Association (HPEA) have strongly objected to the constitution of the Expert Committee appointed by the Haryana Electricity Regulatory Commission (HERC) to examine the proposed grant of a Parallel Distribution Licence in the revenue districts of Gurugram and Nuh.
In a joint representation submitted to HERC, Shailendra Dubey, Chairman, AIPEF, Subhash Lamba, Vice President, EEFI, and Ravinder Singh Ghanghas, General Secretary, HPEA, have urged the Commission to reconsider its Order dated 9 July 2026 constituting the Committee and have specifically demanded the immediate removal of Shri Bibhu Prasad Mahapatra from the Committee.
The three organisations, which are stakeholders and intervenors in the proceedings, stated that the proposed Parallel Distribution Licence has far-reaching implications for electricity consumers, public utilities, existing distribution licensees, employees and the entire power sector in Haryana. Any regulatory process dealing with such a sensitive issue must be above every reasonable doubt and inspire complete public confidence.
The organisations have questioned the constitution of the Expert Committee itself, contending that the Electricity Act, 2003 does not envisage delegation of the Commission’s quasi-judicial responsibility to an extra-statutory committee for examining pleadings, objections and statutory compliance before making recommendations on issues that are required to be decided by the Commission.
Expressing serious concern over the inclusion of Shri Bibhu Prasad Mahapatra on the Committee, the organisations stated that official records indicate that recovery proceedings were initiated against him over allegations relating to simultaneous drawal of salary and pension while serving as Director (Finance), Uttar Pradesh Rajya Vidyut Utpadan Nigam Limited (UPRVUNL). Copies of the relevant official documents have been submitted to the Commission.
The organisations clarified that they are not seeking any adjudication by HERC on those proceedings. However, they emphasized that a person against whom such serious issues concerning financial propriety have been officially raised should not be entrusted with the responsibility of serving on an independent expert committee examining a matter of enormous public importance.
“The issue is not directed against any individual personally. It concerns the institutional credibility of the regulatory process. Every member of an expert committee constituted by a statutory regulator must possess impeccable integrity, unquestionable independence and an unblemished professional record. Public confidence is the cornerstone of every quasi-judicial process,” the joint statement said.
The organisations further stated that HERC itself has recognised the enormous significance of the case, involving major public investment and long-term consequences for Haryana’s electricity sector. Therefore, the standards expected from members of the Committee must be exceptionally high.
Quoting the settled principle of administrative law that justice must not only be done but must also be seen to be done, the organisations asserted that even a reasonable perception regarding the integrity of any member could undermine confidence in the Committee’s recommendations.
The joint representation requests HERC to:- Recall or suitably modify the Order constituting the Expert Committee.- Remove Shri Bibhu Prasad Mahapatra from the Committee and nominate a person of impeccable integrity and unquestionable independence.- Keep the functioning of the Committee in abeyance until the objections are considered.- Ensure that any expert body assisting the Commission commands the confidence of all stakeholders.
The organisations expressed full faith in the independence and fairness of HERC and stated that the representation has been made solely to preserve the sanctity, transparency and institutional credibility of the regulatory process in a matter of immense public importance affecting millions of electricity consumers.
