1 On 17.08.2016, it was recorded on the submission of the
learned counsel for the appellant that the State Commission
had not taken up the true-up issue for the last more than
eight years. Therefore, a limited notice on the above
submission was issued.
2 The learned counsel for the Commission submits
that the true-up issue has not been taken up by the Commission on account of pendency of Civil Appeal No. 4881 of 2010. It is not in dispute that there is no stay on the
true-up issue in the said C.A. No. 4881 of 2010.
3 However, the learned counsel for the Commission
submits that in case the said civil appeal is allowed, it
may have some impact on the true-up issue in later years.
We do not find any justification for the above
apprehension. The Commission should take up the true-up
issue and decide it making the decision subject to the
result of Civil Appeal No.4881 of 2010.
4 Therefore, this appeal is disposed of with a
direction to Respondent No.1 –Jharkhand State Electricity
Regulatory Commission to take up the true-up issue and pass
the required orders within a period of six months from
today.
5 However, the Commission is free to make the
decision subject to the result of Civil Appeal No. 4881 of
2010 in case the said civil appeal is not disposed of
before the said period.
No costs.