Electricity Act 2003-Section 108 – The state regulatory commissions are not ‘bound’ by the directions of the state government, or the Central Government -The state commission shall only be ‘guided’ by the directions issued by the state government and is not automatically bound by them – The provision, in no manner, seeks to control the exercise of quasi-judicial power by the state commissions based on directions issued by the state government – The State government while issuing a policy directive cannot impinge on the adjudicatory discretion which is vested in an authority under the Act. (Para 16-18)
Electricity Act 2003- Section 94(f) – State commission has the same powers as vested in a civil court under the CPC in respect of reviewing its decisions, directions and orders. Order XLVII Rule 1 of the CPC provides for review on limited grounds. An order cannot be made the subject of an appeal under the garb of a review. While reviewing an order, the court or tribunal must be satisfied that there was an error apparent in its previous order, which warrants the exercise of its power to review. (Para 19)