Telangana high court bins CM K Chandrasekhar Rao quash petition against PPA probe commission

HYDERABAD: Telangana high court Monday dismissed former CM K Chandrasekhar Rao's petition as well as his apprehensions of bias against Justice L Narasimha Reddy commission of inquiry that is probing into alleged irregularities in buying power from Chhattisgarh.
A bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti answered the principal objection raised by KCR through senior counsel Aditya Sondhi that the issues before the state electricity regulatory commissions and the issues before the commission of inquiry were totally different.
KCR contended that courts cannot review issues that have already been adjudicated by quasi judicial bodies like Telangana State Electricity Regulatory Commission (TSERC) and Chhattisgarh SERC.
The commission is looking into alleged irregularities that took place while buying power from Chhattisgarh during KCR's 10-year govt and also in setting up the Bhadradri and Yadadri thermal power plants in the state.
The bench also brushed aside KCR questioning the decision of the commission to issue him a notice under section 8-B of the Commissions of Inquiry Act. "Since the statements of the witnesses prima facie showed that KCR was part of the decision-making process, he was called in to explain his version," the bench said while dismissing KCR's plea.

Record does not show bias: HC on KCR’s plea against PPA panel
The bench said that SERCs looked at fixing power tariff whereas the commission was constituted to look into allegations of irregularities in the power purchase agreement with Chhattisgarh and also in using sub-critical technology for setting up the two thermal power plants. The commission was also tasked with fixing responsibility on individuals for these decisions.
“Therefore, the contention that the commission does not have jurisdiction to adjudicate the issues which have been decided by TSERC and CSERC does not deserve acceptance,” the bench said.
On the allegation of bias levelled against Justice Reddy by KCR, the bench said the record before them does not show any evidence.
The counsel for KCR has not provided any additional evidence to substantiate the charge. Even the statements said to have been made by the single-man commission were very much part of the record or statements given by the witnesses, the bench said.
“The statement that ‘power plant is not in existence, it is under construction’ is based on record. The relevant extract does not contain any material so as to indicate that Justice Reddy has pre-judged the issues pending before him. The commission is required to record the findings on the basis of material before it.
The allegation of bias cannot be inferred but has to be established. In the facts and circumstances of the case, we hold that the petitioner has failed to prove the plea of bias against the commission,” the bench added.