## Policy Analysis Report: Constitution of Search-cum-Selection Committee for Chairperson of APTEL
**1. Executive Summary:**
This report analyzes a notification from the Ministry of Power regarding the constitution of a Search-cum-Selection Committee for the appointment of the Chairperson of the Appellate Tribunal for Electricity (APTEL). The core purpose, as gleaned from the text, is to establish a committee that will recommend candidates for this crucial leadership position. Key findings reveal the composition of the committee, its primary function, and its authority to determine its own selection procedures. This policy is likely intended to ensure a transparent and qualified selection process for the APTEL Chairperson.
**2. Introduction:**
This report aims to provide a comprehensive overview of the Ministry of Power's notification concerning the Search-cum-Selection Committee for the Chairperson of APTEL. The analysis is based solely on the information provided within the policy text.
**3. Policy Overview:**
* This is a *new* policy establishing a committee.
* **Core Objective:** To constitute a Search-cum-Selection Committee responsible for recommending candidates to the Central Government for the appointment of the Chairperson of the Appellate Tribunal for Electricity (APTEL).
**4. Background and Rationale:**
As this is a new policy establishing a committee, it addresses the need for a structured and transparent process for selecting the APTEL Chairperson. The policy likely aims to improve the selection process, ensuring that highly qualified individuals are considered for this vital position. Given the reference to Section 33 of the Tribunal Reforms Act, 2021, this policy is likely a direct consequence of that Act's provisions regarding tribunal appointments.
**5. Key Provisions / Changes:**
* The policy establishes a Search-cum-Selection Committee comprised of the following members:
* Hon'ble Dr. Justice Dhananjaya Y. Chandrachud, Judge, Supreme Court of India (Chairperson)
* Secretary to the Government of India, Ministry of New Renewable Energy (Member)
* Secretary to the Government of India, Ministry of Petroleum & Natural Gas (Member)
* Hon'ble Mr. Justice S. S. Shinde, former Chief Justice, Rajasthan High Court (Member)
* Secretary, Ministry of Power (Member-Secretary)
* The committee is mandated to recommend a panel of two names for the appointment to the post of Chairperson of APTEL.
* The committee is granted the authority to determine its own procedure for making its recommendation.
**6. Target Audience and Stakeholders:**
The primary target audience includes:
* The Ministry of Power
* The Search-cum-Selection Committee members
* Potential candidates for the position of Chairperson of APTEL
* The Central Government (regarding the final appointment)
* The Appellate Tribunal for Electricity (APTEL) and its stakeholders, including electricity generation, transmission, and distribution companies, regulators, and consumers, who will be affected by the appointment of the Chairperson.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** Ministry of Power and the Search-cum-Selection Committee.
* **Timelines/Procedures:** The policy does not specify a timeline. However, it implies that the committee will convene and establish its own procedures for evaluating candidates and making recommendations. The notification comes into effect immediately upon publication.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome is a more rigorous and transparent selection process for the Chairperson of APTEL. This should lead to the appointment of a highly qualified and impartial individual who can effectively lead the tribunal in resolving disputes within the electricity sector. A well-functioning APTEL is vital for ensuring fair competition, protecting consumer interests, and promoting investment in the power sector.
**9. Conclusion:**
The Ministry of Power's notification establishes a Search-cum-Selection Committee for the appointment of the Chairperson of APTEL. The policy underscores the importance of a robust and transparent selection process for this crucial leadership position. The constitution of the committee, its defined function, and its procedural autonomy suggest a commitment to selecting a qualified individual who can effectively contribute to the efficient functioning of the electricity sector. This policy demonstrates the implementation of Tribunal Reforms Act, 2021 and the seriousness of the government of India with regards to the process and outcome of the selection of individuals in key positions.
Key Entities Referenced
Tribunal Reforms Act, 2021: Act under Section 33, which necessitates the formation of a Search-cum-Selection Committee.
Central Government: The government body to which the Search-cum-Selection Committee makes recommendations for appointment.
Appellate Tribunal for Electricity (APTEL): The tribunal for which a Chairperson is being selected.
Hon'ble Dr. Justice Dhananjaya Y. Chandrachud: Judge, Supreme Court of India and Chairperson of the Search-cum-Selection Committee.
Supreme Court of India: The highest judicial body in India, where Dhananjaya Y. Chandrachud serves as a Judge.
Ministry of New Renewable Energy: A Government of India ministry represented by its Secretary on the Search-cum-Selection Committee.
Ministry of Petroleum Natural Gas: A Government of India ministry represented by its Secretary on the Search-cum-Selection Committee.
Hon'ble Mr. Justice S. S. Shinde: Former Chief Justice, Rajasthan High Court. Member of the Search-cum-Selection Committee.
Rajasthan High Court: The High Court where S. S. Shinde was formerly the Chief Justice.
Bombay: Location of the PHC (presumably Principal seat) of Justice Shinde
Ministry of Power: A Government of India ministry represented by its Secretary on the Search-cum-Selection Committee.
New Delhi: The city where the notification was issued.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-14102022-239641
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CG-DL-E-14102022-239641
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असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 4668] नई दिल्ली, िुक्रिार, अक्त बू र 14, 2022/आजि न 22, 1944
No. 4668] NEW DELHI, FRIDAY, OCTOBER 14, 2022/ASVINA 22, 1944
जिद्यतु मत्रं ालय
अजधसचू ना
नई दिल्ली, 13 अक् तूबर, 2022
का.आ. 4878(अ).—अजधकरण सुधार अजधजनयम, 2021 की धारा 3(3) के अनुसरण में, जिद्युत अपीलीय
अजधकरण (एपटेल) के अध्यक्ष पि पर जनयुजि हते ु केंद्र सरकार को जसफाररि करन े के जलए जनम्नजलजखत सचच-कम-सले ेक्िन
कमेटी का गठन दकया िाता हैः
(i) माननीय डॉ. न्यायमूर्त च धनंिय िाई. चन्द्रचूड़
न्यायाधीि, सिोच्च न्यायालय, भारत - अध्यक्ष
(ii) सजचि, भारत सरकार
निीन एिं निीकरणीय ऊिा च मत्रं ालय - सिस्ट्य
(iii) सजचि, भारत सरकार
पेरोजलयम एिं प्राकृजतक ग स मत्रं ालय - सिस्ट्य
(iv) माननीय श्री न्यायमूर्त च एस.एस. शिंि े
पूिच मुख्य न्यायधीि, रािस्ट्थान उच्च न्याययालय - सिस्ट्य
[पीएचसी, बोम्बे]
6956 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
(v) सजचि, जिद्युत मंत्रालय - सिस्ट्य-सजचि
2. सच-च कम-सले ेक्िन कमेटी, जिद्युत अपीलीय अजधकरण (एपटेल) के अध्यक्ष पि पर जनयुजि के िो नामों के प नल की
जसफाररि करेगी।
3. सच-च कम-सले ेक्िन कमेटी, अपनी जसफाररि करन े के जलए अपनी दक्रयाजिजध जनधाचररत करेगी।
[फा. सं. 46/12/2020-आरएडं आर]
हमे न्त कुमार पाण्डेय, मुख्य अजभयंता
MINISTRY OF POWER
NOTIFICATION
New Delhi, the 13th October, 2022
S.O. 4878(E).—In accordance with Section 3(3) of Tribunal Reforms Act, 2021, a Search-cum-
Selection Committee is hereby constituted as follows for making recommendations to the Central
Government for the appointment to the post of Chairperson of the Appellate Tribunal for Electricity
(APTEL) :-
(i) Hon'ble Dr. Justice Dhananjaya Y. Chandrachud,
Judge, Supreme Court of India - Chairperson
(ii) Secretary to the Government of India,
Ministry of New & Renewable Energy - Member
(iii) Secretary to the Government of India,
Ministry of Petroleum & Natural Gas - Member
(iv) Hon'ble Mr. Justice S. S. Shinde,
former Chief Justice, Rajasthan High Court
[PHC: Bombay] - Member
(vi) Secretary, Ministry of Power - Member-Secretary
2. The Search-cum-Selection Committee shall recommend a panel of two names for appointment to the
post of Chairperson of APTEL.
3. The Search-cum-Selection Committee shall determine its procedure for making its recommendation.
[F. No.46/12/2020-R&R)
HEMANT KUMAR PANDEY, Chief Engineer
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.