9911796707
TMI Blog2022 (8) TMI 1390X X X X Extracts X X X X X X X X Extracts X X X X ..... ok the same view when it held that the adjudicatory function of the Commission is limited to the matter prescribed in Section 86(1)(f). There is a clear distinction between adjudicatory function and quasi-judicial function. P. Ramanatha Aiyar's Advanced Law Lexicon defines adjudication as the legal process of resolving a dispute; the process of judicially deciding a case; the application of the law to the facts and an authoritative declaration of the result; judicial determination of a cause after taking into consideration the material on record and after hearing the parties; it implies a hearing by a court after notice of legal evidence on the factual issue involved. On the other hand, a determination of a question by an executive officer or other person who is not a court is quasi-judicial and he must follow the rules of natural justice. It describes a function that resembles the judicial function. It is something that is between a judicial and administrative function. The expression quasi means not exactly . The contention of the petitioners that tariff fixation is an adjudicatory function is rejected. Since it is not an adjudicatory function, there is no bar fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Department dated 13.04.2022 constituting a Selection Committee under sub-section (1) of Section 85 of the Act for recommending a panel of two names for the said vacancy. The said Selection Committee submitted its report. Out of the two names recommended by the Committee, the Government selected Thiru.K. Venkatesan who joined the Commission on 18.07.2022. 3. The Bench comprising the Chairperson Mr. M. Chandrasekar and Thiru. Venkatesan entertained the Tariff Petitions (T.P. Nos. 1 2 of 2022, T.P. No. 1 of 2020 MP. No. 36 of 2022) filed by TANGEDCO/TANTRANSCO/SLDC. After hearing the brief arguments of the counsel, the petitions were admitted. They were hosted on the websites of the TANGEDCO and the Commission. 30 days time was allowed for stakeholders for offering their comments on the proposal. Public hearings are being conducted at various places. At this stage, these writ petitions came to be filed for the aforementioned reliefs. 4. The primary contention put forth by the learned Senior counsel and the learned counsel appearing for the petitioners is that the directions issued by the Hon'ble Supreme Court in the decision reported in (2018) 6 SCC 21 (State of Gujara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akeholders to offer their objections/suggestions. The petitioners can very well avail this opportunity and place their case during the public hearings. Without doing so, they have prematurely rushed to the Court. For the last several years, the exercise of tariff fixation had not been undertaken. It is long overdue and any delay would have calamitous consequences on public interest. The learned Senior Counsel for the respondents pressed for dismissal of these writ petitions. 6. I carefully considered the rival contentions and went through the materials on record. Let me first take up the issue as to whether the function of tariff fixation is adjudicatory. Even though the learned Senior Counsel and the learned counsel for the petitioners elaborately argued that the function of tariff fixation is adjudicatory, I am unable to accept the same. I need not refer to their contentions at length for the simple reason that this issue had already been decided by the Hon'ble Supreme Court in State of Gujarat and ors. v. Utility Users Welfare Association (2018) 6 SCC 21. Paragraph No. 90 of the said decision is as under: 90. We may also look to the nature and functions performed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50 and 53 of the said decision read as under: 49. On the above analysis of various sections of the 2003 Act, we find that the decision-making and regulation-making functions are both assigned to CERC. Law comes into existence not only through legislation but also by regulation and litigation. Laws from all three sources are binding. According to Professor Wade, between legislative and administrative functions we have regulatory functions . A statutory instrument, such as a rule or regulation, emanates from the exercise of delegated legislative power which is a part of administrative process resembling enactment of law by the legislature whereas a quasi-judicial order comes from adjudication which is also a part of administrative process resembling a judicial decision by a court of law. (See Shri Sitaram Sugar Co. Ltd. v. Union of India [(1990) 3 SCC 223].) 50. Applying the above test, price fixation exercise is really legislative in character, unless by the terms of a particular statute it is made quasi-judicial as in the case of tariff fixation under Section 62 made appealable under Section 111 of the 2003 Act, though Section 61 is an enabling provision for the framing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her person who is not a court is quasi-judicial and he must follow the rules of natural justice. It describes a function that resembles the judicial function. It is something that is between a judicial and administrative function. The expression quasi means not exactly . The distinction between judicial and quasi-judicial was set out in Cooper v. Wilson [1937] 2 K.B. 309 in the following terms: A true judicial decision presupposes an existing dispute between two or more parties, and then involves four requisites:-(1) The presentation (not necessarily orally) of their case by the parties to the dispute; (2) if the dispute between them is a question of fact, the ascertainment of the fact by means of evidence adduced by the parties to the dispute and often with the assistance of argument by or on behalf of the parties on the evidence; (3) if the dispute between them is a question of law, the submission of legal argument by the parties, and (4) a decision which disposes of the whole matter by a finding upon the facts in dispute and application of the law of the land to the facts so found, including where required a ruling upon any disputed question of law. A quasi-ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court to ensure that the directions of the Hon'ble Supreme Court are complied with in letter and spirit. The Hon'ble Supreme Court expressed its anguish on more than one occasion when the law Member vacancy was not filled up at all. When it has been declared that it is mandatory that there should be a law Member in the Commission, the State Government has no justification in not filling up the same. The technical Member resigned on 17.03.2022. The law Member retired on 05.05.2022. Nothing stopped the Government from filling up both the vacancies simultaneously. It is true that a judgment should not be interpreted like a statute. But when the Hon'ble Supreme Court has made it clear that there must be a Member with legal background in the Commission, it cannot be ignored. It is for this reason, I restrain TNERC from passing final order on the aforementioned tariff petitions till a law Member is appointed. In other words, the present proceedings can very well go on and everything can be finalized by the Commission as now constituted except the formal declaration of the orders on the tariff petitions. The moment the appointment of the law Member is notified, the Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
