SCO NO. 220-221, SECTOR 34-A,
Petition No.18 of 2009
Date of hearing: 22.12.2009
Date of Order: 01.01,2010
In the matter of: Petition for deferment of implementation of Tariff Order for 2009-10 dated 8.9.2009
AND
In the matter of: Punjab State Electricity Board, The
Mall,
Present: Shri
Jai Singh Gill, Chairman
Smt.
Baljit Bains, Member
Shri Satpal Singh Pall, Member
For the petitioner Shri V.K.Bhatia, Chief Engineer/ARR & TR
Shri Rahul A.Marwaha, Director/TR(F)
ORDER
This petition has been filed by Punjab State Electricity Board (Board) seeking approval for deferment of implementation of the Tariff Order for 2009-10. It is stated in the petition that the Government of Punjab had intimated the Board that it had considered in depth the implementation of revised rates of tariff and constituted a committee for the provision of subsidy and mobilization of additional resources. As the report of the committee may take some time, the Board had been asked to obtain approval of the Commission for postponing the implementation of the revised tariffs for one month. Accordingly, a prayer has been made in the petition that the Commission may allow deferment of implementation of Tariff Order for 2009-10 upto 7.11.2009.
2. The petition was taken up for admission on 20.10.2009 on which date the Board was asked to specify the provision of law under which a petition for deferment of the Tariff Order lies. The representative of the Board requested for time to file submissions in this regard and matter was adjourned to 25.11.2009. When the case was taken up for hearing on that day, the representative of the Board sought another 10 days time to file its submissions. In the original petition, the Board had prayed for deferment of Tariff Order till 7.11.2009, but on 25.11.2009 a plea was also made for deferment of Tariff Order till 10.12.2009. The Board was directed to file additional submissions by 10.12.2009. The Board filed another application on 4.12.2009 in which it was stated that the Committee constituted by the Government had yet not submitted its report and the Commission may defer the Tariff Order till 25.12.2009. The petition was finally taken up for hearing on 22.12.2009 when the representative of the Board was again asked to specify the provision of law under which the petition is maintainable but Shri V.K.Bhatia appearing for the Board was unable to show any such provision.
3. The Commission notes that the Board has filed no request seeking deferment of the Tariff Order beyond 25.12.2009. It also observes that the Board has been given ample opportunity to refer to the provision of law which allows the Commission to consider deferment in the implementation of a Tariff Order. Having been unable to do so, the Commission is left with no choice but to turn down the request of the Board. Accordingly, this petition is dismissed.
Sd/- Sd/- Sd/-
(Satpal Singh Pall) (Baljit
Bains) (Jai Singh Gill)
Member Member Chairman
Dated: Jan.
01, 2010.