HC cracks whip on former CJ

The Chairman of the ATE is former Chief Justice of Jharkhand, Justice M Karpaga Vinayagam.
The appellants, Orange County Resorts, had appealed before the tribunal challenging the order of the Hubli Electricity Supply Company (Hescom) denying the wheeling and banking of energy from the captive power plant in Gadag.

Earlier, the appellants had approached the Karnataka Electricity Regulatory Commission (KERC), which partly allowed the petition. The petitioners then moved the High Court challenging the KERC order. However, single judge Justice Abdul Nazeer permitted the withdrawal of the petition, in view of the alternative remedy available to approach the ATE.

The ATE was directed not to raise any objections in regard to the limitation if the company files an appeal within 30 days of the HC order.

Accordingly, the company filed an appeal before the ATE. But the bench comprising Justice Karpaga Vinayagam and member V J Talwar refused to entertain the appeal and dismissed it.

The bench observed: “The order passed by the High Court in our view is not in consonance with the relevant provisions of the Act, as the limitation point can be considered only by this tribunal and the High Court is not empowered to give any such direction to this tribunal.”

The appellants then moved the High Court with a civil contempt petition against the ATE order.

The division bench comprising Justice N Kumar and Justive Ravi Malimath who heard the matter ordered notice to Justice Vinayagam, Talwar and ATE.