Power generation and transmission is one area in which the State of Jammu and Kashmir has chequered history. The irony is that a state through which no fewer than four big rivers of Asia flow remains deficit of power especially this hilly state has long and cold winter for more than six months in a year. Day in and day out, there are complaints, protests and dharnas against power shut down in different parts of the State. Sometimes power supply is suspended for days at end putting the people of the State to difficulties and losses. Despite all this, till date there seems no viable solution to the question
Structurally speaking, we have three tiers of structures for this service. These are Power Development Department, the main operating body. Then we have the Power Development Corporation. To crown the two agencies, the State Government deemed it feasible to set up State Electricity Regulatory Commission or SERC in 2000. Without going into the nitty-gritty of rhetoric, it may be said that the primary functions of the Commission are to determine the tariff for electricity, wholesale, bulk, grid or retail; determine the tariff payable for use of the transmission facilities; regulate power purchase and procurement process of the transmission and distribution utilities including the price at which the power shall be procured from the generating companies, generating stations or from other sources for transmission, sale, distribution and supply in the State. These terms of reference show that the SERC is charged with very serious and important duty that has bearing on the entire power development and distribution sector.
However, a hindsight shows that the eagerness with which the SERC was constituted gradually evaporated with the passage of time and the Government did not evince as much of keen interests in its functioning as was shown at the time of proposing and implementing the new structure. Why the Government lost interests in SERC is a mystery unresolved hitherto. On several counts the indication is that the Government’s unwillingness to let this organization grow, strengthen and perform its assigned duties efficiently. We are only surprised at the Government retracting without mentioned but giving clear signals that it is least interested in allowing the organization exist.
More than a year has gone by when the chairman of the commission retired. The post remains unfilled till date. Two members of the Commission also retired and these vacancies, too, remain unfilled till date. Section 4 of the J&K State Electricity Regulatory Commission Act clearly states that the six months before the superannuation or end of tenure of Chairperson or a Member Government shall make a reference to the Selection Committee for filling up of the vacancies. The Power Minister should have asked for preparation of a panel of prospective candidates who qualified for the positions of the chairman and members and forwarded it to the selection committee. But unfortunately, more than a year has passed and no panel has been drawn. One fails to understand why such an apathy towards the Commission. Obviously, the surmise is that the authorities might have their blue eyed boys in sight. Even if that is the case, at least the panel should have been formed and the favoured candidates could have been included in the panel. If they fulfilled the criterion set forth by the Selection Committee they would have been selected. But total irresponsibility has gripped the authorities and they are just ignoring the matter which speaks values taking into account the great and undeniable importance of the Power Department. Incidentally, the Deputy Chief Minister is in charge of the Department of Power and it should have been possible for him to issue urgent instructions for filling the vacancies.
There is also a legal aspect to the deferment of filling the vacancies of two members and the chairperson. An important function of the Commission is to decide upon the tariff for the consumers of power. The tariff being charged by the PDD from the consumers has no legal sanctity in the absence of SERC’s approval. In other words the tariff charged from the consumers is illegal and can be challenged by the consumers in a court of law. By making the Commission dysfunctional, the Government has deprived the people of a platform where they can raise their grievances vis-à-vis functioning of PDD as under SERC Act the Commission enjoys sufficient powers to pass directions to the Power Development Department for promptly acting on the issues of the common masses. This also gives rise to many doubts and casts aspersions on the intentions of the Power Department whether it is not working towards the dismantling of the SERC. There are numerous petitions from consumers demanding justice to their tariff cases but there is no avenue where anybody will listen to them and respond to their grievances. This is a criminal disregard of the rights of the people and the department cannot escape the blame. These petitions are collecting dust in the office of the PDD Minister or Commissioner cum Secretary.
This whole story brings into question not only the intentions of the authorities but also the efficiency and delivery of the department. How will the Secretary-Commissioner for Power justify this gross and blatant negligence of official duty particularly when it is a public affair? What has been said above all indicates that this is nothing but either sheer carelessness of power development authorities or it is under some unknown design that the positions are kept unfilled. Why does the Government take the risk of giving opportunity to the people to raise finger of doubt towards this or that person or authority. An efficient Government tries to resolve deadlock and not add something to make it sticky.
We would like the Chief Minister to use the discretionary powers and ask the Power Minister to submit a panel of prospective candidates for the vacant positions within ten days and in next one week fulfil the vacancies after making a fair selection. If left to the department, it may not materialize for another year or two, and imagine the loss that will bring to the people and the State.
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